2 Nakkali Maharjan vs Office of the Prime Minister and Council of Ministers Baisakh 4, 2064 (April 16, 2008), N.K.P. 2065, No. 11, Decision No. 8035, Pg. 1340 Supreme Court, Division Bench Honorable justice Anup Raj Sharma Honorable Justice Kalyan Shresthar Karki Writ No of the year 2063-WS-0089 Date of Issuance of Order: 2065/01/04 Subject: Certiorari Nakkali Maharjan, resident of Kirtipur Municipality, Ward No 6, Kathmandu et al. ...............1 Petitioner Vs. Office of the Prime Minister and Council of Ministers et al. ......................................................1 Respondent As a state party to the international conventions it is the duty of the state to discharge the obligation according to these Conventions. (Paragraph No. 8) for the purpose of defending women’s human rights for the protection of the legal rights of women. I, petitioner Nakkali Maharjan, am a person suffered from deprivation of right to obtain citizenship like that of men. I was born before 29 years as youngest daughter of Dev Maharjan and Nanda Maya Maharjan resident of Kirtipur Municipality ward No 6 of Kathmandu district. I married to Gopal Lama in 2050 B. S. (1993). A son Amir Lama has born from my conjugal relationship with my husband Gopal Lama. I do not know where my husband Gopal Lama has gone for years leaving me and my son alone. After my husband left us I along with my son have been living in the protection of my parents. The act of denying the petitioner to make recommendation causing to deprive her from obtaining citizenship certificate based on gender or marital status cannot be held legal. (Paragraph 9) On behalf of the Petitioner: Learned Advocates Ms. Sapana Pradhan Malla, Ms. Meera Dhungana, Mr. Ratna Kaji Shrestha, and Mr. Sabin Shrestha On behalf of the respondent: Learned Deputy Government Attorney Mr. Brajesh Pyakurel, Sujandra Maharjan Citizenship certificate is necessary for getting employment and also for opening a bank account. Therefore, when I requested for recommendation to Kirtipur Municipality, the executive officer of the municipality Tulsi Ram Gautam denied providing me recommendation contending that citizenship certificate cannot be granted from the name of father to a married daughter. My inherent right has been violated because of being woman showing the ground of marriage and I have been deprived from the right to equality guaranteed by the Article 11 of the Constitution of the Kingdom of Nepal, 1990, right to carry out profession and business provided by Article 12 and right to property provided by Article 17 of the Constitution and the legal rights provided by Section 3 of the Citizenship Act, 1963 and Rule 4(3) of the Citizenship Rules 1992. I have come to file this writ petition because no other alternative remedy is available in this respect. Precedent adhered: Related Laws: Article 11, 9(1) of the Constitution of the Kingdom of Nepal, Section 3 of the Citizenship Act, 2020 (1963), Article 13(1)(2), 107, 8(2) of the Interim Constitution of Nepal, 2007, Section 3(1) of Nepal Citizenship Act, 2063(2007) and Section 9(1) Nepal Treaty Act, 2047 (1990) Order Justice Anup Raj Sharma: The short description of the fact of the writ petition filed to this court pursuant to Articles 23 and 88 of the Constitution of the Kingdom of Nepal, 1990 and the order thereof is as follows: We petitioners are the members of Forum for Women, Law and Development, an organization having concern with human rights and established Article 9 of the Convention on the Elimination of 13 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION