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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents