of Schedule-1, we were told to go on following day,
and the same process repeated on the following
day, and even after going at least 10 times, without
even endorsing of not giving the recommendation,
the application was returned instead; hence, we,
who were born, grown up and studied in Nepal, are
compelled to live in the condition of statelessness
upon being deprived of the right to identity in our
own country.
including right to make choice of obtaining
citizenship through whose name out of father or
mother’s name; hence, order or command should
be issued on the name of opponents to provide
recommendation to get citizenship to us victims
petitioners by mother’s name and give and get the
citizenship given too, and issue order or command
including mandamus, whichever is needed, so as to
interpret in connection to the other victims like us
who remain across the country. Writ petition reads
as above.
Article 8 (2) (B) of the Interim Constitution of
Nepal, and Sub-clause (1) of Clause 3 of the Nepal
Citizenship Act, 2063 have covered up both father
or mother within the definition of the descent. In
Sub-rule (1) of Rule 3 of the Citizenship Rule, 2063,
there is clear provision that the Nepalese citizen
over 16 years of age, who wishes to obtain Nepalese
citizenship certificate should furnish application
in the format as per Schedule 1, before the Chief
district Officer concerned along with the Nepalese
citizenship certificates of his/her father or mother
or his/her relatives within three generations,
explaining birthplace and relationship, together
with the recommendation made by the local body
concerned.
What has happened on this, stating to submit
affidavit, attaching petition and the copy of this
order along, sending the notice summon, submit
after the affidavit arrives or after the time limit
expires. Since no role of the opponent No. 1, 2 and
3 is seen to have been mentioned in the petition, it
is not necessary to issue show cause order on the
name of the aforementioned opponents. Upon
seeing the nature and seriousness of the present writ
petition, it is seen that it is supposed to be decided
quickly; hence, first priority has been granted in
the submission. Order of this Court of the date, of
2069/5/6 (August 22, 2012 A.D.), reads as above.
Apart from our constitutional and legal provisions,
treaties and agreements, of which Nepal also is a
party country, have realized the right to citizenship
as a human right. The provisions including Article
15 of Universal Declaration on Human Rights,
1948, Article 24 (2) of Covenant on Civic and
Political Rights, 1966, Article 9 (2) of Convention on
Elimination of all forms of Discrimination against
Women, 1979, no person is shall be deprived of the
right to citizenship and rendered in the condition
of statelessness.
The writ petitioners have not submitted the
application congruent to the rule to this office as
per Schedule 1, which is to be submitted for the sake
of obtaining citizenship certificate that has been
made provision in Clause 8 of Nepal Citizenship
Act, 2063 and Rule 3 of Nepal Citizenship Rule,
2063; hence, no process has been furthered on
towards providing these writ petitioners with
Nepalese citizenship certificate; Sushma Rai, among
the writ petitioners, furnished straightforward
application on date 2068/10/3 (Januray 17, 2012
A.D.), stating that her sons, Diwakar Chhetri
and Prabhakar Chhetri should be provided with
citizenship; when the secretary of Godawari Village
Development Committee was informally asked
regarding her claim, description was mentioned
that recommendation was not made because it
was not ensured in the context of whether, Rudal
Chhetri, the father of writ petitioners was or was not
a Nepalese citizen; if the father of the writ petitioners
was a foreign citizen, the provision of Article 5 of
Nepal Citizen Act, 2063 would be attracted; hence,
when asked whether the writ petitioners wanted to
obtain citizenship as per this or not, they wanted to
obtain the citizenship by descent as per Clause 3 of
the same Act, and said that they would not submit
application for the sake of naturalized citizenship
as per Clause 5; hence, no action has been furthered
regarding this. Affidavit came to be furnished on
behalf of District Administration Office, Lalitpur
reads as above.
Despite having the right to get recommendation to
obtain citizenship by mother’s name and to obtain
citizenship due to the constitutional, legal and the
documents relating to international human rights,
there is the condition of not being allowed to obtain
the recommendation for the sake of citizenship
and the citizenship due to the patriarchal mind
set, norms and values and behaviors of the officials
authorized to confer recommendation for the sake
of citizenship and the citizenship; hence, as per
the Interim Constitution of Nepal, 2063 and Nepal
Citizenship Act, 2063, our mother was a Nepalese
citizen at the time of our births; hence, despite
having our right to obtain citizenship of descent,
contrary to this, while going to get recommendation
of the citizenship and the citizenship by mother’s
name, we were verbally refused to be given
recommendation and the citizenship; hence, we
have been deprived of our constitutional right, our
right to get identity, right to get higher education,
right to employment, right to business, right to
residence, right of equality, right of nationality,
No substantial evidence could be submitted on
whether, Rudal Chhetri, the father of the writ
116
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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