dispute that being a Nepalese citizen, Sabitri Shrestha, the petitioner’s mother, she was born in Kathmandu district, Kirtipur Municipality, Ward No. 1 on date 2030/5/6 (August 22, 1973 A.D.) and citizenship certificate of C.C.No. 538 was issued on her name by District Administration Office, Kathmandu on date 2056/7/16 (November 02, 1999 A.D.); hence, the petitioner is seen to have been a qualified person to obtain citizenship certificate of Nepal if he fulfills procedure prescribed in Nepal Citizenship Act and Rule of the same. migration deed and spot investigation evidence document; if citizenship certificate of Nepal is not issued to the petitioner, here it is seen the condition of breaching of the fundamental right of not just the petitioners but of his mother, Sabitri Shrestha. It is seen that the opponent, District Administration Office has not heeded towards the matter that such act of discrimination meted out upon women based on gender shall kidnap the right to equality of women. 14. From this Court, on the writ petition having including Sabina Damai versus the Government of Nepal (Writ No. 2067-WO-0703 N.L.M. 2068 D.No. 8557 Number 2 Page 247), mandamus is seen to have been issued by this Court on the name of District Administration Office to provide citizenship by mother’s name as well. After that, the affidavit of the Office of the Prime Minister and the Council of Ministers appears that decision was made on the writ petition having including Laxmi Lama versus the Government of Nepal (Writ No. 2070-WO-0817) that through the letter of the date of 2068/3/6 (June 20, 2011 A.D.), it was sent by writing to the ministry of Home Affairs for the sake of implementation, and from Ministry of Home Affairs has made circulation through the letter of the date of 2068/5/5 (August 22, 2011 A.D) to all District Administration Offices and the bodies concerned. Similarly, in the writ petition having including Bhola Nagarkoti versus the Government of Nepal (Writ No. 2069-WO-0880) also, it was issued by this Court that citizenship should be provided by mother’s name as well. The decision made on the petition of Ranjita Thapa has been mentioned above. Thus, it is also seen that the matter that citizenship can be obtained by the name of Nepalese citizen mother has already been established. Since the petitioner’s claim is that citizenship should be obtained by mother’s name, the matter where the father has gone or what has happened is seen as irrelevant. Though there is provision that citizenship can be obtained by mother’s name, to deprive the petitioner of the citizenship is considered as an act done against the law. The official having legal right shall have to fulfill his/her duty. Not to do so appears not just against equality but also contrary to equity. It seems essential to look into this subject matter by the opponent Office itself by being sensitive since the petitioner has said that he has furnished application to District Administration Office, Kathmandu. 11. Citizenship certificate identifies a person as a citizen of a particular country. Without becoming a citizen, political rights cannot be used. Citizenship certificate is very necessary to use political and economic rights and to identify as a citizen. State provides various fundamental rights to its citizens such as using fundamental rights, obtaining employment, taking up public posts, using political rights, obtaining social security, casting votes. Political rights are not obtained by persons other than the citizens. Citizenship is a very sensitive issue linked with personal and national identity of a person; hence, it is not just to trouble a person posing tiny hurdles of procedure in the condition that he/she is a citizen. 12. There are provisions regarding the right to equality made in Article 18 of the Constitution of Nepal. The right of Article 18 is the fundamental right to be obtained by all the citizens without making discrimination. In Article 18 (1), it is guaranteed that all the citizens shall be equal before law and no person shall be denied the equal protection of law. The matter that no person shall be discriminated on the ground of sex has been mentioned in Article 18 (2). In addition to this, in Sub-article (1) of Article 38, there is the provision that every woman shall have equal lineage right without gender-based discrimination. Successor of the lineage and equal right of identity shall fall within equal lineage right. However, present petition was filed when the Interim Constitution of Nepal was effective; but here seems no ground and reason that the petitioner shall not obtain the rights conferred by new Constitution or the Constitution of Nepal. 13. Though the matter that the petitioner’s mother, Sabitri Shrestha (Bishwas), is a citizen of Nepal is being justified by her citizenship certificate of Nepal, this petitioner is staying at maternal uncle’s house because his father was disappeared, and father has not obtained citizenship certificate, father has no other brothers, and even upon submitting the Hence, from the aforementioned ground and reason, in the present petition, the matter that 127 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION