7 Nina Tamang (Gurung) vs Government of Nepal Poush 27, 2068 ((January 11, 2012) Supreme Court, Division Bench Honorable justice Girish Chandra Lal Honorable Justice Dr. Bharat Bahadur Karki 066-WO-0869 Subject: Certiorari and others Nina Tamang (Gurung), resident of Samundradevi V. D.C. ward No 3 of Nuwakot District ...1 Advocate Meera Dhungana, on behalf of Forum for Woman Law and Development located in Kathmandu Metropolis ward No 11 Thapathali and on her own behalf.................1 Petitioner Advocate Sushama Gautam, on behalf of Forum for Woman Law and Development located in Kathmandu Metropolis ward No 11 Thapathali and on her own behalf.................1 Vs. Government of Nepal, Office of the Prime Minister and Council of Ministers, Singhadarbar, Kathmandu ...........................................................................................................1 Government of Nepal, Ministry of Home Affairs, Singhadarbar, Kathmandu .........................1 Respondent The Government of Nepal, Ministry of Law and Justice, Singhadarbar, Kathmandu .............1 The brief description of the fact and the judgment of the present writ petition filed to this court falling under its jurisdiction pursuant to Articles 107 of the Interim Constitution of Nepal is as follows: denied to provide citizenship certificate orally. Both of my parents are Nepali citizen. My mother had worked hard in raising, nurturing and educating me. When I sought employment after I passed S. L. C., I was denied it due to the absence of citizenship certificate. I have faced problems in acquiring higher education. Among the petitioners I, Nina Tamang, am a person aggrieved from deprivation of the equal right to obtain citizenship like other citizen of Nepal. I was born on Bishnu V. D. C. ward No 1 of Kathmandu in 2050/06/29 (October 15, 1993) from the conjugal relationship of mother Hira Maya Tamang and father Hitman Tamang. I married to Binod Gurung, resident of Samundradevi V. D. C ward No 3 of Nuwakot District on 2066/10/08 ( January 22, 2010). On 2065/10/15 ( January 29, 2010) I acquired recommendation from Samundradevi V. D. C and submitted an application to the District Administration Office Nuwakot enclosing necessary documents for acquiring citizenship certificate. The District Administration Office Nuwakot had corresponded to the District Administration Office Kathmandu to avail details. District Administration Office Kathmandu replied that my mother had acquired citizenship certificate in 2042/05/10 (August 26, 1985) however, no details about my father were found. Thereafter, I was In the Article 8 (2) of the Interim Constitution of Nepal, 2007 and Section 3(1) of Nepal Citizenship Act 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.” Therefore, there is no confusion that I am entitled for obtaining citizenship by descent. I have already attained 16 years of age and I have submitted the application enclosing the recommendation of the local body. Despite this, owing to patriarchal mindset, thinking and conception I have been denied citizenship orally by violating the constitutional and legal provision consequently my identity has been disappeared. Different Conventions and treaties including Universal Declaration of Human Rights, 1948, International Covenant on Civil and Political Rights and Convention on the Elimination of All Forms of Discrimination against Women have granted 57 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION