good as Nepalese laws. However, in practice, the
official entrusted with enforcing those rights himself
has not enforced and has deprived me, Sabina
Damai, one of the petitioners, of the right to identity.
Act, 2006 have provided for obtaining Nepali
citizenship by the Nepali citizens based on equality
and without any discrimination. For the enjoyment
of the substantive rights of obtaining citizenship, the
existing procedural law provided by existing Nepal
law must also be literally abided by. Government
of Nepal is committed to implement and cause
to implement the prevailing Nepal laws and the
responsibilities through all agencies and officials
specified by the law. However, the question raised
by the opponent petitioner does not directly relate
to this Office but with the Ministry of Home Affairs
and therefore, it is not pertinent to speak in this
matter in this written response. Hence, on the
grounds and reasons mentioned above, the writ
petition should be quashed.
The honored Court in the case of Advocate Tek
Tamrakar Vs. the then His Majesty’s Government,
Cabinet Secretariat, Singha Durbar has issued an
order of mandamus in the name of respondent
on 15th September, 2005 not to deny the children
including the children of Badi community to
register their birth and also for making necessary
arrangement to provide them Nepali citizenship
pursuant to Article 9(2) of the then Constitution
of Kingdom of Nepal, 1990 and Section 3(4) of the
then Nepal Citizenship Act, 1963. On the basis of
this judgment, I have to obtain Nepali citizenship
by descent.
The written response filed on behalf of the Ministry
of Law and Justice in this respect has stated that,
first of all, the laws relating to citizenship are not
administered and enforced by this Ministry and
this writ petition is filed by unnecessarily making
respondent to an unconcerned agency. The plea
of petitioner mainly involves an urge for obtaining
citizenship by descent from the name of mother.
Section 18 of the Nepal Citizenship Act, 2006 has
provided that notwithstanding anything provided
for in this Act, any person who is aggrieved by
a decree issued by a designated authority in
accordance with this Act, may file a petition within
thirty five days from the date such decree was issued
with the Government of Nepal for revision of such
decree. The petitioner despite the availability of
that alternative remedy has directly invoked the
extraordinary jurisdiction of this honored Supreme
Court complaining that the Chief District Officer has
denied her citizenship in the name of her mother.
Therefore, the plea of petitioner is meaningless.
Thus, as mentioned in the above paragraphs, owing
to the patriarchal thought of the citizenship issuing
authority, I, Sabina Damai, one of the petitioners,
have not obtained citizenship from the name of
my mother and have been deprived of other rights,
viz. the rights of constitutional equality, citizenship,
employment, profession or trade, free expression of
thought, property, choice of domicile as well as the
rights of equality, nationality and identity. Hence,
I pray for the issuance of mandamus and/or any
other necessary order from the honored Court to
grant me citizenship from the name of my mother
and make interpretation from the honored court
in case of other aggrieved persons like me. I also
pray that this writ petition be awarded preference
in hearing since this subject is very sensitive and
is a matter of public interest. It is stated in the writ
petition filed at this Court.
In the order of this court dated 27 January 2011 it is
stated “What has happened in this regard, why an
order as sought by the petitioner need not be issued.
The respondent shall be notified for submitting
written responses within 15 days of receiving this
order excluding the period of travel through the
Office of Attorney General. Let the case be duly
presented after filing of written response or upon
expiry of time period.”
The plea in petition is vague. Some persons among
the petitioners have filed writ for the enforcement of
fundamental rights whereas some other petitioners
have come to file this petition as public interest
litigation. The act of claiming for individual rights
and interests as well as claiming as public interest
litigation from the same writ petition is against
the established norms of public interest litigation.
Hence, the writ deserves to be quashed.
The written response submitted on behalf of the
Office of the Prime Minister and Council of Ministers
stated that the writ petitioner has not clearly
mentioned which act or decision of this Ministry
violated her constitutional or legal rights. In such
situation the writ petition might not be filed by
making this Office as respondent. Furthermore,
writ petition may not be filed making this office as
respondent for the act or decision made by other
bodies and official authorized by the prevailing laws.
The separate written response submitted on behalf
the respondents Chief District Officer and District
Administration Office with similar contents state
that “Pursuant to Section 3(1) of Nepal Citizenship
Act, 2006, 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. However, as there
was no address of the petitioner’s father nor is
there any proof that she was born in Lamidanda
VDC of Dolakha district, Nepal. Section 4 of Nepal
Citizenship Act, 2006 has stipulated that a person
born within the boundaries of Nepal prior to 13th
As far as the plea of the petitioner as regard to
obtaining citizenship is concerned, the Interim
Constitution of Nepal, 2007 and Nepal Citizenship
47
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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