obtaining the citizenship despite being brought up under anybody’s patronage. To be a situation of statelessness by not obtaining citizenship thus is to be deprived of the fundamental rights as well. Even in the situation of conferring the citizenships to the persons having parents not identified, it is mentioned in the citizenship certificates, against the dignity, that the whereabouts of maternity/paternity have not been traced. Consequently, there shall be a serious affect in the use of human rights; hence, I have included the dispute with the concern of public litigation, too, in the present petition. Due to different legal provisions made in different laws, street children, children brought up and grown up in Bal Mandir or in organization that patronizes orphan children or in orphanage, children nurtured by any person being a special patron are deprived of obtaining citizenships upon being adults. In Clause 10 of Children Act, 2048, although names of father and grandfather can be mentioned in any formal functions and actions or in documents as per law, in the aforementioned Clause, a provision has been made that in connection to both the father and mother have not been found, if the person or organization that raises him/her writes that father and mother are not found, it will be okay even if such child does not write names of mother, father or grandfather. In Clause 34, provision has been made that the Government of Nepal shall establish Child Welfare Centers in different regions of Nepal as needed and until Child Welfare Centers are not established thus, the Government of Nepal can utilize the Child Welfare Center, orphanages or Mental Retardation Centers run by any other persons or organizations for the sake of keeping children. Although provision has been made by this Clause that children can be kept in Child Welfare Centers, orphanages or Mental Retardation Centers run by any persons or organizations as well, by patronizing, there is no situation that Nepalese citizenship certificates can be provided upon the recommendation of such bodies. In Clause 35, if Child Welfare Official or police staff himself finds any stray child or brought to be submitted by any other person, such child should be submitted to the nearby Child Welfare Center by keeping descriptions and finger’s impression including name, surname, address of the three generations, photo and any peculiar sign remained in the body in connection to such child. Clause 36 has made the provision that stray child shall be kept in Child Welfare Center until sixteen years of age is not complete, and if problem of his/her livelihood is likely to come up while releasing such child, he/she can be kept in Child Welfare Center for maximum up to 18 years. Though the aforementioned Clause has made the provision that generally only the person up to the age of 16 can be kept in the child welfare center, there is the provision that release has to be made along with citizenship certificate while releasing from its patronage. The provision retained in Clause 22 is very limited, which has not addressed the condition of the minor, whose paternity/ maternity is not known. In connection to the person, whose paternity/maternity is not known, there is not existence of the situation that patron can be appointed. For the sake of obtaining citizenship in connection to such children, there is no condition at all to submit the photocopy of the patron and to Rule 3 (3) of Nepal Citizenship Rule, 2063 has made the provision that if a Nepalese citizen having maternity/paternity not traced, having reached the age of 16 years, wises to obtain citizenship, if brought up and grown up under the patronage of approved Bal Mandir or orphanage, with the recommendation of such organization and if any particular person has nurtured by receiving patronage as per law, attaching with the citizenship of the person who has nurtured, application shall have to be furnished before the Chief District Officer concerned. Besides this, if nurtured by organization, the identification made by the Chief of such organization and if nurtured by a particular person, identification made by the person who has nurtured shall have to be attached with the application; procedural process has been mentioned in Sub-rule (4), stating that if there are additional things to be examined about the maternity/paternity, recommendation of local body or police report can be asked for as necessary, and in Sub-rule (6) and Point No. 10 (7) of Citizenship Certificate Distribution Procedure Directives, stating that name, surname, address of the patron shall have to be mentioned in the place of citizenship certificate of the person having the whereabouts of maternity/paternity not traced where the names of father or mother are to be mentioned, indicating the description as the maternity/paternity not traced. These provisions of aforementioned procedural law have not mentioned the matters that in what condition the District Administration Office is supposed to refuse to confer citizenship. As per directed by Point Nos. 3, 4 and 5 of the Directives, not all persons, having the whereabouts of maternity/ paternity not traced, stay in Bal Mandir, orphanage or other similar organizations. Even in the situation of being provided with patronage by a particular person, if such person does not provide the photocopy by making recommendation for citizenship, this person shall be deprived of obtaining the citizenship. Furthermore, there is no possibility that street children shall obtain citizenships. 85 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION

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