should be kept if citizenship by descent was to be obtained because descent meant father; mother would not have descent. Thus, we kept on going to District Administration Office for 2 and a half years; however, many administrators transferred, but norm of all was the same; hence, my son’s citizenship could not be obtained. Thus, due to being unable to obtain citizenship, my son has been deprived of obtaining many rights to be provided by the state; hence, we have attended to the esteemed Supreme Court by carrying this writ petition. International Covenant on Civic and Political Rights (ICCPR), 1966 has made the provision that every child shall be registered immediately after birth and shall have a name; every child has the right to acquire a nationality. Article 9 (2) of Convention on Elimination of all forms of Discrimination Against Women (CEDAW) has made the provision that state parties shall grant women equal right with respect to the nationality of their children, and provisions have been made in our Constitution and law as per that. Injustice has been incurred by depriving of the right to obtain citizenship or to obtain identity of a person by defining, the right to provide citizenship, descent in fabricated manner by the officials who provide citizenship. Likewise, Article 16 (D) has made the provision that the same rights and responsibilities as parents, irrespective of their marital status, in matters relating to their children in all cures the interest of the children shall be paramount. (G) of the aforementioned Article has made the provision of the right to choose a family name, a profession and an occupation. In Article 7 of Convention on the Right of the Children (CRC), the child should be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and as far as possible, the right to know and be cared for by his/her parents. The provisions of the aforementioned treaties and conventions have guaranteed the right of both the man and woman to provide citizenship. Thus, international treaties, agreements, our Constitution and law as well have provided the mother with the right to provide citizenship to her children; however, injustice has been done by not providing me, the petitioner mother, and my son, who wants to obtain identity by my name, with the citizenship certificate, by trying to render stateless, depriving of the identity. Of the petitioners, I, Bipana Basnet, have been providing patronage of the petitioner, Rinex Basnet, being a single mother. Condition is that my husband has gone away since my son was small, by getting divorced. As per clear provision that mother can provide identity by providing citizenship to her children pursuant to Article 8 (2) (B) of the Interim Constitution of Nepal, 2063, Clause 3 (1) of Nepal Citizenship Act, 2063, Rule 3 (1) of Citizenship Rule, 1.2 of (2) of Chapter-2 of Citizenship Distribution Procedure Directive, order, command including mandamus, whichever is needed, should be issued to provide citizenship to my son by descent by mother’s name. Petitioners’ petition claim reads as above. In Article 8 (2) (B) under Part 2 of the Interim Constitution of Nepal, 2063, there is a provision that if “father or mother” of a person was a citizen of Nepal, such person shall be a citizen of Nepal by descent. Similarly, in Sub-clause (1) of Clause 3 of Nepal Citizenship Act, 2063 also there is provision congruent to the Constitution. Of the petitioners, my, Rinex Basnet’s, parents are Nepalese citizens. Clear provision has been made in the Constitution and in the Act stating that if any one of father or mother was a Nepalese citizen, his/her children shall be the citizens of Nepal; however, simply due to the reason that the petitioners, my, Rinex Basnet’s, father has deserted us, I, the petitioner, have been deprived of obtaining citizenship certificate; hence, it has been a great injustice. Condition of disappearance of my identity has been emerged due to the order of the opponent No. 5. In Rule 3 (1) of Citizenship Rule, 2063, Nepalese citizen, who wants to obtain citizenship certificate by descent and who is over 16 years of age, can obtain citizenship after fulfilling the process as per Schedule 1, before the Chief District Officer concerned, by attaching the replica copies of Nepalese citizenship certificate of his/her father or mother or relative within three generations, and recommendation made by the local body to expose birthplace and relationship or the birth registration certificate; due to the reason that citizenship is going to be obtained by identifying by mother, oral order of District Administration Office that citizenship would not be provided by keeping up patriarchal mindset, norms and values against the provision remained in the Constitution and law has inflicted damage upon our, mother and sons’ constitutional, legal right, and the right conferred by international treaties and convention, of obtaining citizenship and providing citizenship to own children. In addition to our constitutional and legal provisions, the treaties and agreements ratified by Nepal being a party have also assumed the right to citizenship as a human right. By Article 15 of Universal Declaration on Human Rights (UDHR), 1948, every person shall have the right to citizenship. There is provision that no person shall be deprived of the right to citizenship in discretionary manner. Article 24 of What has happened on this? Why is not the order supposed to be issued as per the claim of the petitioner? Submit as per rule by giving first priority as per Rule 63 (3) (F) (5) of Supreme Court Rule, 2049 103 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION

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