District Administration Office, Salyan .......................................................................................1
District Administration Office, Bajura .......................................................................................1
District Administration Office, Bajhang ....................................................................................1
District Administration Office, Achham ....................................................................................1
District Administration Office, Doti ...........................................................................................1
District Administration Office, Kailali ........................................................................................1
District Administration Office, Kanchanpur .............................................................................1
District Administration Office, Dadeldhura ..............................................................................1
District Administration Office, Baitadi ..................................................................................... 1
District Administration Office, Darchula ..................................................................................1
dignity and Rights. Likewise, Article 2 guarantees
that no distinction shall be made on the basis of
race, color or so on. Article 3 provides the right to
life, liberty and the security of person. Article 7 of
the declaration provides the right to equality, Article
15 (1) provides right to nationality and Article 22
guarantees the right to social security. Likewise,
Article 1 of the International Covenant on Civil and
Political Rights, 1966 guarantees the right to selfdetermination, Article 6 guarantees the inherent
right to life and Article 9 guarantees the right to
liberty and security of person. Likewise, Article 1
of the International Covenant on Economic, Social
and Cultural Rights guarantees the right of selfdetermination and Article 9 provides the right to
social security and social insurance. Article 2 (1) of
the International Convention on the Elimination
of All Forms of racial Discrimination (ICERD)
imposes the obligation on the state parties to
condemn racial discrimination and undertake to
pursue by all appropriate means and without delay
a policy of eliminating racial discrimination in all
its forms. Article 2 (1) (d) imposes obligation to
prohibit and bring to an end racial discrimination
by all appropriate means, including legislation as
required. Article 2(2) imposes obligation to take
special and concrete measures to guarantee the full
and equal enjoyment of human rights and Article 3
provides obligation to condemn racial segregation.
Article 5 also imposes an obligation to eliminate all
forms of Discrimination. Since Nepal is also a state
party of the above-mentioned Conventions, it is the
obligation of the respondents and the whole country
Nepal to guarantee them pursuant to the Section 9
of the Treaty Act, 1991. Likewise, the preamble of the
Constitution of the Kingdom of Nepal emphasizes
on the guarantee of human rights and equality and
political, economic and social justice. The Article 8
and 9 of the Constitution provide about citizenship.
Article 11 (1), (2) and (3) of the constitution provide
right to equality whereas Article 11(4) guarantees
that no person shall, on the basis of caste, be
discriminated against as untouchable. Article 12
provides fundamental right of personal liberty and
Article 12 (2) (e) provides the freedom to practice
Among we, petitioners Dalit NGO Federation is the
federation of the Non Governmental Organizations
established with the objectives of uplifting the Dalit
communities that compose of the one fourth of the
total population of the country and that are socially
oppressed, economically exploited, politically
neglected and bringing these communities in
the mainstream of the national development.
For uplifting the Dalits, it has been providing, in
addition to its other objectives, necessary legal
assistance for the protection, promotion and
restitution of fundamental and constitutional rights
and human rights of the Dalits. It is the Federation
of Dalit NGO Federation working for the elimination
of all kinds of discrimination based on race.
Among the petitioners both of us advocates Bimal
Bishwokarma and Luma Singh Bishowkarma
and advocated Mamita Nepali, Rajan Sunar,
Gomati Sunar and Bhoj Man Lamgade are legal
practitioners. We are working for the establishment
of society based on equality by providing legal aid
to the helpless, neglected and oppressed classes
to protect their rights and bringing into an end
of the existing racial (cast) discrimination of
untouchability, In Nepal, the discrimination of
untouchability based on caste exists in practice
even today. Almost a quarter of the total population
of Nepal has been the victim of untouchability in
society due to the mention of caste or on the ground
of caste. Dalit communities have been compelled
to live as a second class citizen on the ground of
caste. It has been obvious that the discrimination
of untouchability practiced in society from the
tradition has been sustained because the people
of those communities are compelled to write their
occupational caste/race reflecting rationality.
The Dalit communities have different surname
(family name) similar to those of the peoples of
other communities. Such different surnames
(family names) have been revealed from the study
conducted by the National Dalit Commission.
The preamble of the Universal Declaration of
Human Rights, 1948, accepting the human value
and dignity as fundamental human rights, has
guaranteed that all human beings are equal in
3
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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