of the same Rules it is stated that “ Chief District
Officer, after receiving the application pursuant to
Sub-rule (1), shall make necessary inquiry, and if
the applicant is found to be eligible to obtain the
certificate of citizenship of Nepal, may issue the
certificate of citizenship of Nepal to him or her in
the format pursuant to Schedule 2. In the format
of the application, pursuant to Schedule 1, to be
filed for obtaining Nepali Citizenship Certificate
or the format of Citizenship Certificate pursuant
to Schedule 2, there is no mention of caste/race
as contended by the petitioners. The formats
of application to be filed for obtaining Nepali
Citizenship Certificate and format of citizenship
certificate have been provided by mentioning the
Name and Surname (family name) of the applicant,
his/her father and Husband etc. The written reply
have been submitted from the respondents stating
that citizenship certificates have been distributed
according to the said provisions. Likewise, going
through the decision of His Majesty’s Government
dated 2052/4/4 (July 20, 1995)/ (July 10,1995) it
has been decided to issue citizenship certificate
mentioning surname (family name) and make
correction on the citizenship certificate based on
surname (family name) and circular has also been
issued accordingly.
language or ideological conviction or any of these.
Thus, in the condition that the constitution and laws
have guaranteed the right to equal protection to all
caste and tribes, to mention caste/race in the place
of surname (family name) or after surname (family
name) while providing citizenship certificate to
Dalits without any reason and objectives, is against
the objective and spirit of the law.
Therefore, an order of Mandamus is hereby
issued in the name of respondent bodies, to
make or cause to make provision for issuing
citizenship certificate or making correction thereon
or providing recommendation for obtaining thereto,
based on surname (family name), to the people of
Dalit communities, like other citizens, while issuing
citizenship certificate, making correction thereon or
recommending thereto; and make or cause to make
correction in the citizenship certificate mentioning
the surname (family name) pursuant to law.
In order to notify the respondents, let the copy of the
order be sent to the Office of the Attorney General
and let the case file be handed over to archive
section after deducting the record of the case from
the case registration book.
………………………..
Although there is clear provision in the law to issue
citizenship certificate based on surname (family
name) and circular has also been issued accordingly,
it has been obvious form the example presented
by the petitioners that sometimes citizenship
certificates have also been issued mentioning
caste/race. Going through the Article 11 (1) of the
Constitution of the Kingdom of Nepal, 1990, there
is constitutional provision that-(1) all citizens shall
be equal before the law, and no person shall be
denied the equal protection of the laws. Likewise,
in Article 11(3) it is provided that the State shall not
make discrimination against citizens among citizens
on grounds of religion, race, caste, tribe, sex, origin,
Justice
I concur with the above-mentioned decision.
………………….
Justice
Bench Officer : Bishnu Prasad Aryal
Computer : Rukmani Shrestha
Done on Monday the 1st day of the Month of Jestha
of the Year 2063 (May 15, 2006)
12
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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