establishes the relationship not only with his/her parents but also with the state as well. It is the duty of the state to get the child’ birth registered even by accepting to that extent whatever the description is filled up or can be filled up by the one who wishes to get the birth registered. Otherwise, complications arise later. On this issue, order has been issued by the Special Bench of this Court, stating, “Do not refuse to all the children including the children of Badi community, with fathers unidentified, to register their births due to the reason that fathers are not identified.”8 Thus, order to get the births registered has been issued by this Court in connection to the children with no identity of fathers, whereas, in order to register the births of the children with fathers unidentified on the basis of the aforementioned order, all the Local Registrars were already given directives on date 2062/10/13 (January 26, 2006 A.D.) so that birth can be registered on the basis of mother’s citizenship by writing the description of not identifying in the Chapter of father’s descriptions of the information form. Thus, in the condition that order has been issued by this Court to register the birth even in the situation that the children’s father is not identified, and directives have been given by the Ministry as per the aforementioned issue; it would not be better to refuse to register the birth taking this issue for granted. Not just to register upon being brought to get the birth registered, but if the work of birth registration can be compulsory, responsible system of governance is felt by the people. Hence, Mandamus is issued on the names of including the opponent, Lalitpur Sub- metropolitan City, stating that if applicant provides whatever the description mentioned in the form of Schedule 2 of Birth, Death and Other Personal Events (Registration) Rule, 2034 or brought, stating of not being able to fill it up, get it registered as it is by accepting that. Moreover, directive order has been issued on names of including the opponent, Office of the Prime Minister and the Council of Ministers, stating to reform or amend the aforementioned provision of Schedule 2, by making revision so that it can be accommodated in the circumstance, like that of the petitioner’s, that father cannot be identified. By giving the information of the present order to the opponents through the Office of the Attorney General, submit the document file upon doing as per law by striking off the record of case file. If any child commits any crime against the prevailing law of the state, the birth registration is significant while filing charge or involving him/her in the process of justice.6 Similarly, while making contract, making him/her adopted son/daughter, giving jobs, preventing child marriage, inoculating against diseases or receiving other social security obtained from the state, the birth certificate has great importance. A study carried out by UNICEF pertaining to the birth registration of the children of various countries including Nepal is found to have indicated that the children who have no identity or whose births are not registered are likely to be made slaves or involved in prostitution.7 If each and every activity occurred within own Ward or Municipality is in statistical clearance by keeping records, it can help in even making plans. Moreover, if a child of Nepal is born for the sake of the child’s best welfare, it cannot be interrupted simply because of not getting registered. In the present issue, the writ petitioner is a citizen of Nepal and there is no dispute that she has obtained the Nepalese citizenship. It is natural to register the birth of the children born in Nepal; hence, there is the situation of the data of the children born in Nepal being lost or being uncertain while refusing to register by showing the bases of rule, law or tradition even upon such the things to be done naturally. Upon lacking of such data, development and identity of such children can fall even in shadow. Also, it is not that all the rest of the rights are automatically obtained by simply getting the child’s birth registered. This is the matter to happen as per law. Whether it is the process of obtaining citizenship based on the birth, jus soli, or it is the process of obtaining citizenship based on blood relation, jus sanguinis, birth registration is essential for the sake of the welfare of the children in whatever of the processes. Section (B) of Article 8 (2) of the Interim Constitution of Nepal, 2063 has made the provision stating that if his/her father or mother was a Nepalese citizen at the time of the birth of a person, such person shall be considered as a Nepalese citizen, and so has Clause 3 (1) of Citizenship Act, 2063 as per that; hence, it is not right for the state to undermine the rationale of the birth registration certificate that remains as the first base of the acquisition of citizenship. Justice I am with the afore stated opinion. S/d Pertaining to the present issue, apart from the things to be filled up in the Schedule 2 of Birth, Death and Other Personal Events (Registration) Rule, 2034, the parents’ descriptions are also included, and it is seen that the incident has not been registered due to the complexity related with this. Justice Bench Officer: Anil Kumar Sharma Computer: Ramsharan Timilsina Done on : 2071/10/26/02 (Monday, 09th February, 2015) 74 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION