For the sake of obtaining citizenship by mother’s
name, application was furnished by fulfilling the
process as per Article 8 (2) (B), Sub-clause (1) of
Clause 3 of Nepal Citizenship Act, 063 and Subrule (1) of Rule 3 of Nepal Citizenship Rule, 2063,
but condition has surfaced to wipe out our identity
by the aforementioned oral order given by the
opponent, stating that citizenship could be given
by mother’s name, without even registering the
application, and condition has appeared for us
to be compelled to live in the stateless situation
throughout our lives; hence, order or command
including mandamus whichever is needed should
be issued giving an order to provide citizenship by
mother’s name.
of an extreme sensitivity and public concern; hence,
the present writ petition should be heard by keeping
it in first priority. Joint writ petition of including
Sajda Sapkota reads as above.
What has happened on this and how ? If there
is ground and reason why the order as per the
petitioner’s claim is not supposed to be made,
sending notices on the names of the opponents to
submit affidavits within 15 days except the journey
time limit by road from the date of this order
received, submit as per rule after the affidavit is
furnished or the time limit is elapsed. Moreover,
upon looking into the content and graveness of the
present writ petition, first priority has been given as
per Rule 5 (A) of Supreme Court Rule, 2049. Order
of this Court, of the date of 2067/11/2 (February 14,
2011 A.D.), reads as above.
Besides our constitutional and legal provisions
regarding the right of identity, every person
has
the right of citizenship by Article 15 of Universal
Declaration on Human Rights (UDHR), 1948.
Provision has been made stating that nobody shall be
deprived of his/her right of citizenship gratuitously,
whereas, Article 24 (2) of International Covenant on
Civic and Political Right (ICCPR), 1966 has made
provision that every child is registered after his/her
birth and is given name, in Sub-article (3) child has
the right to acquire nationality. Similarly, Article 9
(2) of Convention on Extermination of all kinds of
Discriminations Against Women (CEDAW), 1979
has made the provision regarding the children,
nationality, stating that the party nation shall
provide right to the women as equal as that of
men. In Article 7 (1) Convention on the Right of
the Children (CRC), 1989, there is provision that
children shall be registered immediately after birth,
and that children shall get their right of nationality
after they are born.
The opponent petitioner is not in the condition
of being unable to mention in the petition clearly
about what kind of work and function or decision of
this Office has breached what kind of constitutional
and legal rights of the petitioner. Regarding the
acquisition and termination of the citizenship, the
body and lien on post, who is bestowed with legal
duty to confer citizenship, cannot set back from
that legal duty of theirs if application is furnished
in front of the authorized official or body by
fulfilling the method, process, and work procedure
prescribed in the Interim Constitution of Nepal,
2063 and Nepal Citizenship Act and Rule. If any lien
on post who has to abide by the legal duty refuses
to abide by his/her legal duty, the stakeholder can
furnish complaint in front of the prescribed official
for the sake of the punishment upon such lien on
post as per Nepal law. However, these petitioners
are not seen to have furnished complaint in front
of the prescribed official for the sake of getting
the legal duty abided by. By remaining under the
Constitution, Citizenship Act and Rule, this Office
is committed to ensure, by securing, the use of
constitutional right to get the citizenship of Nepal
for all who are qualified to obtain citizenship of
Nepal. For this purpose, as per order made by the
esteemed Court on date 2067/11/15 (February
27, 2011 A.D.), on the mandamus petition of writ
No. 0703 of the year 2067 having petitioner Sabina
Damai versus including this Office as opponent,
by issuing circulars nationwide on the names of all
the Chief District Officers, letters have already been
sent upon writing to the Ministry of Home Affairs
by means of the letter of the date of 2068/3/6 (June
20, 2011 A.D.) in order to provide the petitioner,
Sabina Damai, with the citizenship of Nepal by
mother’s name as per law, and to easily provide
citizenship if the children who were born in Nepal
from the Nepalese citizen mother come to ask for
citizenships by mothers’ names by fulfilling rule and
work procedure of Nepal Citizenship Act, 2063 and
Nepal has already accepted, without any reservation,
the duty emerged from all the aforementioned
conventions, which have been ratified upon being
party nation. In Clause 9 (1) of Nepal Treaty Act,
2047, clear provision has been made stating that
the treaty ratified by Nepal shall be enforced as
equal as national law of Nepal. However, the official
who conferred citizenship had patriarchal mindset
and behavior, we, applicants, without being able
to obtain citizenship by mother’s name, have been
deprived of the our constitutional right, right to
get identity, right to obtain higher education, right to
employment, right to carry out chosen occupation,
right to opine freely, right to select place of residence,
and right to equality, right of nationality under
the international law. Hence, order or command
including mandamus, whichever is needed, should
be issued on the name of opponent, to provide or
get the citizenship provided to us, the victimized
petitioners, so as to interpret it by the esteemed
Court in connection to the victims like us who are
remaining in the country. Moreover, this is an issue
98
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents