them. From the written responses, it is seen
that those that Government of Nepal and the
Chief District Officer who are the authorities
to issue citizenship certificates are ignorant
of these constitutional legal provisions. They
are still of the ancient concept/ mindset and
mentality that a child can obtain citizenship
only from the name of his/her father. Contrary
to the provisions of Articles 13(1) and 20(1) of
Interim Constitution of Nepal, 2007 as well as
the provisions of ICCPR, 1966, CRC, 1989 and
CEDAW, 1979 that women have equal rights
with men in all areas and aspects such as
familial, economic, social, political, domestic
and other sectors the Chief District Officer has
been influenced from the male dominated
practices, tradition and norms etc. sustained
in society. The act of Chief District Officer
declining to issue citizenship certificate to the
petitioner on the ground that her father has
not been traced out shows that even the Chief
District Officer who is the head of a district
has not been able to make himself free from
the old traditions and usages against women.
Therefore, such traditions and usages have
to be abolished. Now, it seems expedient to
quote some of the superstitious conventional
practices pejorative to women, deny their
existence equal with men consider them
inferior to men, practice discrimination and
exploitation show disrespect and derogate
them.
and evil values were so formidable that the
women have to experience a tradition as much
cruel and inhumane as Sati which was against
the right to life of women. That era of history
or period when the Sati Tradition was not
abolished, has to be taken as a barbaric period
in regard to the right of women. Sati custom is
a tradition against humanity and civilization.
Now, even if we express as much tributes that
shall not suffice for those women who had
been victim of that evil practice perished in
the name of Sati. Therefore, the evil practices,
conceptions, traditions and norms which
are still in existence have to be completely
eliminated.
20. It will be a great respect and tributes to our
ancestor women who had had sacrificed
themselves by burning themselves in the name
of Sati Custom if we are able to eradicate the
evil custom, tradition and usages which are
still prevalent in our society as the remnants
of discrimination against women. Though the
Constitution has provided right to equality
to women like men and right against any
kind of discrimination by virtue of sex and
international instruments relating to human
rights like ICCPR, 1966, CRC, 1989 and CEDAW,
1979 have conferred different rights to women,
women are still exploited and suffered from
discrimination due to evil traditions, custom
and practices, usages and conceptions. For
instance, in some of the parts of Nepal women
are not permitted to live in the house at the
period of menstruation and maternity and
they have to live with animals in cow-sheds.
There is a belief that widow should not appear
when someone is going to start a journey,
there are evil practices like Kamlari and
Chhaupadi and the custom that women have
to take fasting in the name of husbands during
special festivals and the practice of alleging
women of practicing witchcraft. Such types of
various customs and practices discriminating
and exploitative to women are prevalent in
the name of traditions, culture and practices.
They are yet to be eradicated. Despite the
clear legal provision that if either of the father
or mother of a person is a Nepali citizen and
he/she is born in Nepal can obtain Nepali
citizenship certificate even if his/her father
has not been traced out, the petitioner Sabina
Damai and her mother Ganga Maya have been
deprived from Basic Human Rights like the
right to obtain citizenship certificate because
the representative of the state like Chief
District Officer have been influenced from the
hangover of the superstitions, customs and
practice that man is superior than woman.
19. While going through our history, not only
exploitation and injustice has been made
against women by depriving them from
enjoyment of social, political and economic
rights from centuries but also they were used as
required because they are weaker sex. Women
were raped, exploited and then abandoned due
to which even the capable women could not
utilize their knowledge and skill consequently
they could not become independent. Women
occupy half of the population of any country
and they have rendered significant contribution
in political movements and building national
economy, family and household economy in
particular. However, women cannot get their
share in proportion to their contribution
and they are forced to live an inhumane and
undignified life without any wrong doing.
Though women are also human beings like
men and third gender, women were treated
as inferior to men and used as a commodity
which could even be bartered or sold. Even
such an injustice was done against women
that they were compelled to die along with
their husbands in the name of evil Sati custom.
Those evil practices, custom, superstitions
54
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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