is not identified and who was born from a Nepalese mother. Likewise, as per Section (A) of Sub-clause (1) of Clause 4 of the Birth, Death and Other Personal Events (Registration) Act, 2033 in the condition that the person having the duty to inform about the birth and death is absent, the person prescribed by the Government of Nepal by publishing the notice in Nepal Gazette shall have to give such information. Such provision is there in Sub-clause (4) of Clause 4 of the aforementioned Act and as per it notice was published on date 2059/11/26 (March 10, 2003 A.D.) in Part 3, Number 47, Section-52 of Nepal Gazette with the description that Secretary in V.D.C’s. and Executive Officers in Municipalities shall be the informants and incidents are being registered as per that. Thus, in the situation that provision has been made that birth can be registered on the basis of the citizenship of mother of the person whose father is yet to be identified, the writ petition furnished is revocable. Affidavits of Ministry of the Federal Affairs and Local Development and the Office of the Prime Minister and the Council of Ministers, with the same concord, read as above. the information form of Schedule 2 of Birth, Death and Other Incidents (Registration) Rule, 2034, that there is a format to be filled up with parents’ descriptions who have obtained citizenships; hence, leaving the father’s description empty as per it, birth is not supposed to be registered; in connection to the children having no whereabouts of father, alternative provision is existing that local Registrar can obtain the remedy by making demand of necessary exit from Chief Registrar. Hence, in the context of present issue, decision is supposed to be made on the issue that whether or not the birth shall have to be registered in connection to the petitioner’s daughter having no identity of father as per Birth, Death and Other Personal Events (Registration) Act, 2033. In this, considering towards the decision, the Birth, Death and Other Personal events (Registration) Act, 2033 is not found to have made any classifications pertaining to the births of what kinds of children are to be registered and not to be done in connection to what kinds. In the Preamble of the aforementioned Act, a Clause is found to have mentioned, “Due to being necessary to make legal provision pertaining to distributing the certificates by registering the incidents such as birth, death, marriage, divorce and migration of the persons residing in Nepal.” The objectives and spirit of the Act is inclusive in the Preamble; hence, this provision of the aforementioned Act, to register the birth of any one residing in Nepal is not seen to have been obstructed. Despite being whatever, native or foreigner, the children born in Nepal, it is necessary to have record of it. So far, the issue of birth registration is found to have been established as a right in connection to not just for the native ones but for the refugees, stateless children or foreigners as well.1 Pleadings presented on behalf of the writ petitioner: Learned advocates duos, Mrs. Mira Dhungana and Ms. Sushma Gautam, present on behalf of the writ petitioner, pleaded the plea with description that there is provision in Section (A) of Sub-clause (1) of Clause 4 of Birth, Death and Other Personal events (Registration) Act, 2033,that the head of the family, and person of the family having reached the age shall have to inform about the birth and death in his absence; while going to register the birth as per the aforementioned provision, there is no situation that the birth of the writ petitioner has not been registered; although the description relating to the parents’ citizenships has been mentioned in the information form of the birth contained in Schedule 2 of Birth, Death and Other Personal Events (Registration) Rule, 2034, it can never be inferred so as not to register the birth simply because there is no citizenship of any one; even the Interim Constitution of Nepal, 2063 and the Convention on Child Rights, 1989 have mentioned the inherent right that birth of children is supposed to be registered; hence, the opponents do not have the right to challenge it. Various international conventions also have mentioned the issue that after births of any children take place, it is their natural right to be allowed registering the births. Article 6 of Universal Declaration of Human Rights has made provision that every person shall have the right to obtain identity as a person at any place in the view of law.2 Article 24 (2) of International Convention on Civil and Political Rights, 1966 is found to have mentioned that every child shall be immediately registered and name is kept after they are born.3 Similarly, Article 7 (1) of the Convention on Child Rights, 1989 is seen to have guaranteed that children shall be instantly registered after they are born.4 Besides this, appeal is found to have been made by General Assembly of the United Nations Organization on December 19, 2011 A.D. to protect the rights including children’s birth registration, by passing a proposal.5 Order of the Court: In the present issue that has been submitted before this Bench for the sake of decision upon being inducted in the daily cause lists as per Rule, writ petition is seen to have been furnished to get the birth registered since it has been refused to register in connection to the daughter having no identity. Upon looking into the affidavits of the opponents, the description is seen to have been mentioned in Birth registration certificate is such a legal validity to be conferred by the state for any child that it makes him/her exist as a member of society or nation; it 73 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION

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