2020 B. S. (1963/64 A.D.) and after staying together
with the husband in Silang, I have been residing by
arriving at Bhandara V.D.C. of Chitwan District since
2024 B.S. (1967/68 A.D.). In this situation, my eldest
son, Raju Mohammad (Shaiyad) was born on the
date of 2025/3/2 (June 15, 1968 A.D.). We, husband
and wife too, have been continuously residing along
with the family since 2028 B.S. (1971/72 A.D.) by
arriving at Bhandara V.D.C., Ward No. 1.
prevailing law.” Likewise, Article 13 has conferred
the Nepalese citizens the rights relating to equality.
Instead of being provided with the citizenship,
unequal treatment has been exerted upon me.
Clause 5 (2) (3) of Nepal Citizenship Act, 2063
has continued the aforementioned constitutional
provision. As per the aforementioned constitutional
and legal provision, a person born from a Nepalese
mother and a foreign father can obtain naturalized
citizenship, whereas, on the other hand, making a
provision that a child born from a Nepalese father
and a foreign mother shall be a citizen on the basis
of descent, by making a woman’s matrimonial status
a base, women are deliberately deprived of the right
of equality of being allowed to get their children
provided with citizenships; moreover, without
providing any information upon the application
furnished as per the present constitutional and
legal provisions, we, the petitioners, have been
made the captives of indecision due to the act
of the opponent to keep it in status quo, without
making any decision. In the data up to the date
of 2067/7/25 (November 11, 2010 A.D.), though
134 applicants, like me, Raju Mohammad, also
have furnished applications in order to obtain
naturalized citizenships; the aforementioned fact is
justified with the government’s making no decision
till present. The treaties and agreements ratified
by Nepal by being Nepal a Party are found to have
realized the right of citizenship as a human right.
In this context, the following provisions are seen as
special importance:
Meanwhile, my husband died on date 2045/2/5
(May 18, 1988 A.D.). Though the children, born after
matrimonial relationship of a Nepalese citizen, who
have obtained Nepalese citizenship, with a foreign
man, have the right to obtain naturalized citizenships
as per Article 8 (7) of present Interim Constitution of
Nepal, 2063, Clause 5 (2) (3) of Nepal Citizenship Act,
2063 and Rule 7 (1) (3) of Citizenship Rule, 2063, due
to the reason that the Government of Nepal, Home
Ministry has postponed the aforementioned process
of conferring the citizenships, without providing any
written notice, I, the applicant, Sita Devi, have been
deprived of the right to get my children provided
with Nepalese citizenships. Of the applicants, I, Raju
Saiyad Mohammad, was born in Chitwan District,
Bhandara V.D.C., Ward No. 5, Padariya, have been
continuously living at the same place up to now, and
have got education and instruction, and have been
exercising the right of voting without obstructions.
On date 2064/11/6 (February 18, 2008 A.D.), after
fulfilling all the legal processes from District
Administration Office, Chitwan, the application,
which I had furnished to obtain the Nepalese
naturalized citizenship as a child of Nepalese citizen
mother and foreign father, was presented in the
Home Ministry on date 2064/11/29 (March 12, 2008
A.D.) for the sake of decision. Since Home Ministry
has not made any decision for a long time on the
issue of whether I am or am not supposed to obtain
Nepalese citizenship, improper restriction has been
put up upon the constitutional right conferred
by the present Constitution and the legal right
conferred by Nepal Citizenship Act. Besides the right
of employment of mine, the applicant’s also, I have
been deprived of the rights of personal identity and
other basic rights of human rights also, including
the right of acquisition, possession, purchasing and
selling of properties.
(A) Stating that each person has the right of
citizenship, Universal Manifesto Relating to
Human Rights, 1948 has made the provision
stating that no person shall be deprived of the
right of citizenship wantonly.
(B) Article 24 of The International Convention
on Civil and Political Rights, 1966, has made
the provision that each child shall have the
right of nationality after it is born. Moreover,
Article 16 of the aforementioned Convention
stating that each person shall have the right
to obtain recognition as a person everywhere
before the law, Article 26 of the aforementioned
Convention has mentioned the matter of
guaranteeing the effective protection against
inequality.
In Sub-Article (7) of Article 8 of the Interim
Constitution, 2063, there is a constitutional
provision as “Despite whatever has been written
elsewhere, in connection to the person born
from a Nepalese woman who has got married to a
foreign person if he/she has permanently settled
down in Nepal upon being born in Nepal and if
he has not obtained the citizenship of the foreign
country on the basis of father’s citizenship, he/she
can obtain naturalized citizenship of Nepal as per
(C) Sub-Article (1) of Article 9 of the Convention
on Elimination of All Kinds of Discriminations
Against Women, 1979 has ensured the right of
the women to obtain their original nationality
due to marriages or any other reasons as
same as men. For the sake of acquisition and
termination of the citizenship, this Convention
has realized the matter that women are not
61
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents