S. No. 15 Writ No. 071WO0903 Decision/ Order Date, Publication No. 4th April, 2016 Name of Plaintiff and Defendant Bipana Basnet VS Government of Nepal Case Details Summary of the decision to provide citizenship by mother’s name. the name of the Government of Nepal to confer and to get the citizenship conferred by mother’s name easily in the condition that the citizenship is supposed to be obtained, without posing unnecessary complication, in, regarding this by setting up complaint hearing mechanism under the Ministry of Home Affairs. 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. 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. Page No. 102