by mother’s name, and father and mother are
the equal lineage ground for the sake of children;
hence, when preventing from writing mother’s
surname of identity, “Basnet”, in the present petition
simply because of wanting to write father’s name,
surname, or by saying that only surname should
be written, it is seen discriminatory behavior in
the father’s or mother’s surname. Moreover, while
reaching to such conclusion, it shall be against the
right to choose the family name of the petitioner,
Rinex, and is seen to be against the equal right of
man and woman. The act of the body or official
authorized as per law of not providing citizenship
by not explaining any appropriate ground and
reason cannot be deemed as legal and appropriate
behavior; hence, measures of facilitation and
simplification in the act of providing citizenship to
the citizens as per legal provision must be looked for,
and the act of not providing citizenship or delaying
in making decision on providing or not providing
citizenship, without decision with reasons, cannot
be proper way of implementation of law; hence, it
is decided that mandamus order shall be issued on
the name of the opponent, District Administration
Office, Kathmandu, to make decision immediately
regarding the citizenship without depriving of
being provided with Nepalese citizenship certificate
simply on the ground that the petitioner has wanted
to write mother’s surname, “Basnet”, mentioned in
his birth registration and certificates as per petition
claim if the description explained or claimed by the
petitioner is not seen otherwise, by inquiring what is
to be inquired upon as soon as possible, as per the
Constitution of Nepal, Nepal Citizenship Act, 2063
and Nepal Citizenship Rule, 2063.
Moreover, in connection to the citizens of such
nature, particularly whose father, even upon being
a Nepalese citizen, has not come into contact or
has disappeared, or to those children who are in
the condition that their father has hesitated to get
them provided with citizenship, and those who
wish to obtain citizenship by mother’s name by
mentioning father’s surname as well, this directive
order has been issued on the name of the opponent,
Ministry of Home Affairs, to arrange necessary
provisions by issuing circulation on the names of
all the Chief District Officers nationwide not to treat
differently or not to discriminate saying mother’s
or father’s name, to make appropriate decision as
per law regarding citizenship by facilitating and
simplifying any Nepalese citizens who wish to
obtain citizenship by mother’s name according to
the surname petitioner children, of birth registration
or other evidence has been submitted, including
on the ground including at the time of registration
of those personal events, because such Nepalese
citizen shall have the right to choose the surname
of father or mother or any surname of identity of
the ground of the both. Provide the information of
this order to the opponents through the Office of
the Attorney General. Submit the document file as
per rule, by striking off the record of the case file.
Justice
I agree with the said opinion.
Justice
Bench Officer: Haraka Bahadur Chhetri
Computer Setting: Ramesh Acharya
2072/12/22/02 (Monday, 04th April, 2016)
107
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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