or mother was a citizen of Nepal at the time of his/her birth, such person shall be the citizen of Nepal by descent”, there appears legal provision regarding the citizenship acquisition. Petitioner Bijay Basnet is seen to have been born on date 2049/10/1 (January 14, 1993 A.D.) at Lalitpur Submetropolitan City, Ward No. 13 from the matrimonial relationship between Jogendra Basnet and Yashu Maya Budhathoki Basnet, and his father, Jogendra Basnet, was disappeared and has not been traced yet and mother, Yashu Maya, Budhathoki, is seen to have obtained Nepalese citizenship certificate by descent, of C. C. No. 752/944/1/4 from District Office. From this, of the necessary conditions made provision by the Constitution and Nepal law relating to citizenship, for the sake of obtaining citizenship by descent, in the condition that father or mother shall have to be a Nepalese citizen be descent, the children of such father and mother shall be qualified to obtain Nepalese citizenship by descent; as per this provision, on the ground of the father of the petitioner, Bijay Basnet, not traced and his mother, Yashu Maya Budhathoki, being a Nepalese citizen by descent; in this condition, the fact that the petitioner, Bijay Basnet, is a person qualified to obtain Nepalese citizenship by descent seems to be justified indisputably. for the children to register birth immediately they are born, to have name and right to nationality, and has ensured including the right to know their parents and get care from them so far as possible. Likewise, Article 8 has guaranteed that children shall have the right to protect their nationality, name and familial relationship including their identity as per recognized by the party state. This provision has realized the norm that no child should be stateless. Thus, Nepal also has become a party state of the treaties and conventions including the aforementioned declarations, and Clause 9 (1) of Nepal Treaty Act, 2047 has accepted the norm that the provisions of the treaties of which Nepal is a party shall remain at the status above the Nepal law; in this condition, it appears that the provisions made by such treaties and conventions regarding citizenship shall be implemented effectively in the context of the present dispute. The provision of the Constitution and Act and Rule is itself clear that the person who is a citizen of Nepal by descent, if he/she wishes to obtain citizenship through anyone’s name out of father or mother, can obtain citizenship from the same name and address, and prior to this, in the writ petition having including Ranjit Thapa versus the Office of the Prime Minister and the Council of Ministers, interpretation has been made by this Court on date 2066/3/12 (June 26, 2009 A.D.), stating “Rule 3 of Nepal Citizenship Rule, 2063 has granted the right to obtain citizenship certificate through any one of the father or the mother thinking of both of them of the parents as descent; despite having different addresses of the parents, if the petitioner comes to demand at the place of the address of the father or the mother, of which he makes a choice, along with the recommendation of the body concerned by fulfilling the procedure prescribed, he can obtain citizenship certificate from one place out of the addresses of the father or the mother chosen by him,” (N.L.M. 2066, Number 6, D.No. 8175), Hence, it seems that the petitioner, Bijay Basnet, can obtain citizenship of Nepal by descent through the name of the mother, Yashu Maya Basnet. Now, upon considering regarding whether the petitioner, Bijay Basnet, can or cannot obtain citizenship by mother’s name by descent, it is undisputed that citizenship is a matter of fundamental human rights and extensive interest and concern of every person. Citizenship is a means of determining legal and political ties between a person and the state, and this is a legal and official identity of a person as well. To confer citizenship is the duty of a state and to obtain citizenship is a matter of right of a person, as well. Article 15 of the Universal Declaration on Human Rights has made the provision that by guaranteeing every person of the right to citizenship, nobody shall be deprived of the citizenship discretionarily. This provision has granted the surety right to any person against the statelessness, and has made it clear that the state shall have to make provision of equal right to its citizens regarding citizenship, and discrimination is not supposed to be made on the matter of conferring citizenship with the grounds of ethnicity, gender, language, religion, political or other faiths. Similarly, Article 24 of the International Covenant on Civic and Political Rights has ensured every person the right to get birth registered and the right to acquire nationality without discrimination. Article 7 of Convention on Child Rights, which was passed realizing the surety of the right of any children to live along with their own nationality without discrimination, has guaranteed the right Now, upon looking to the pleadings of the affidavits of the District Administration Office and Lalitpur Sub-metropolitan City, which state that citizenship certificate could not be given to the petitioner because permanent address of the petitioner was not seen to have been within Lalitpur Submetropolitan City, Ward No. 13, the fact that he was born at Lalitpur 13 on date 2049/10/1 (January 14, 1993 A.D.) is seen to have been mentioned in the replica copy of the petitioner’s, Bijay Basnet’s, birth registration certificate, whereas, petition pleading is seen to have maintained that the mother, petitioner Yashu Maya Budhathoki, obtained the citizenship of 82 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION

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