(b) any person whose father or mother was a citizen of Nepal at his or her birth. a state party to these international conventions it is the duty of Nepal to discharge the obligation according to these International Conventions. It is so provided in the constitution. 9. In this case, from the written response of the respondent Kirtipur Municipality it has been accepted that Kirtipur Municipality has denied to make recommendation to the petitioner for obtaining citizenship in the name of father as it has been obvious from the case file. In such situation the petitioner has been discriminated on the ground of sex/gender and marital status and by denying her recommendation depriving her from obtaining citizenship certificate violating the provision of the above mentioned International Conventions, the provisions of Article 8(2) of the Interim Constitution of Nepal, 2007 and Section 3(1) of Nepal Treaty Act, 2006 that “ A person born at the time when his/her father or mother is a citizen of Nepal, shall be a citizen of Nepal by descent. Such act of Kirtipur Municipality denying the petitioner to make recommendation cannot be held legal. Therefore, the writ of mandamus is hereby issued in the name of Kirtipur Municipality to provide recommendation to the petitioner Nakkali Maharjan to obtain Nepali citizenship certificate from the name of her father as per her application. The case file shall be handed over as per the rule. 6. In Section 3(1) of Nepal Citizenship Act, 2006 it is provided that “A person born at the time when his/her father or mother is a citizen of Nepal, shall be a citizen of Nepal by descent.” 7. According to Article 15 of the Universal Declaration of Human Rights, “Everyone has the right to a nationality. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. Article 9(1) of Convention on the Elimination of All Forms of Discrimination against Women States Parties shall grant women equal rights with men to acquire, change or retain their nationality. They shall ensure in particular that neither marriage to an alien nor change of nationality by the husband during marriage shall automatically change the nationality of the wife, render her stateless or force upon her the nationality of the husband. Thus, the convention has provided the women equal rights with men to acquire, change or retain their nationality and Nepal has ratified that convention and has become a state party to that convention. 8. According to Section 9(1) of Nepal Treaty Act, 1990 “ In case of the provisions of a treaty, to which Nepal or Government of Nepal is a party upon its ratification accession, acceptance or approval by the Parliament, inconsistent with the provisions of prevailing laws, the inconsistent provision of the law shall be void for the purpose of that treaty, and the provisions of the treaty shall be enforceable as good as Nepalese laws. As there is such legal provision as I concur with the above opinion Honorable Justice Kalyan Shrestha Done on Wednesday the 4th day of the month of Baishakh of the Year 2065 (April 16, 2008) 16 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION