Descent, of Rule 3 of Nepal Citizenship Rule, 2063,
“Nepalese citizens over sixteen years of age shall
have to furnish application as per the format of
Schedule 1 if he/she wishes to obtain Nepalese
citizenship certificate by descent:
a)
citizenship as per law, without wishing to enter into
the petitioner’s petition.
In Sub-article (2) of Article 11 of the Constitution
of Nepal, “the following person who has his or
her permanent domicile in Nepal at the time of
commencement of this Constitution shall be the
citizen of Nepal by descent:
Nepalese citizenship certificate of father or
mother or the relative within three generations
towards his/her lineage.
a)
b) Recommendation or birth registration
certificate to expose birthplace and relationship
done by the local body concerned
c)
A person who has obtained the citizenship of
Nepal by descent prior to the commencement
of this Constitution,
b) A person whose father or mother was a citizen
of Nepal at his or her birth.
If citizenship certificate of relative within three
generations as per Section (A) is submitted,
relationship verification letter to expose
relationship with the aforementioned relative.”
Petitioner’s, Rinex’s, father or mother is seen to have
been a citizen of Nepal at his birth; hence, dispute is
not seen to deem such person as a citizen of Nepal
by descent as per aforementioned constitutional
provision. In Article 12 of the Constitution of Nepal,
it is found to have been mentioned “Citizenship with
identity of descent and gender: A person who obtains
the citizenship of Nepal by descent in accordance
with this Constitution may obtain a certificate of
citizenship of Nepal with gender identity by the
name of his or her mother or father.” From the study
of the study of the aforementioned constitutional
and legal provisions, women are provided with
the right equal to men and, precedent is seen to
have been maintained by this Court, stating “no
citizen shall be deprived of obtaining citizenship
by not understating Constitution, law and covenant
relating to human rights or misinterpreting law; that
the matter that hardship is to be faced to obtain
citizenship certificate cannot be acceptable, and
that if any one of father and mother of a person is a
citizen of Nepal, he/she shall obtain citizenship of
Nepal (having petitioner including Sabina Damai
versus including the Government of Nepal, Office
of the Prime Minister and the Council of Ministers,
case including mandamus, D.No. 8557); hence,
on the ground mentioned by the petitioner, it is
seen that the petitioner can obtain citizenship of
Nepal if they want to obtain citizenship by mother’s
name. After it is seen that when the petitioner,
Rinex, wanted to obtain citizenship by mentioning
father’s name and surname, mother was also ready
to identify that matter in the office, the official
concerned can issue citizenship by looking into
the legal ground and evidence to mention father’s
name if citizenship is seen to happen by descent.
Moreover, in the petition analyzed above in the
case having Sabina Damai, condition is seen
that mother’s surname can be written to obtain
citizenship by descent by mother’s name; hence,
clear constitutional and legal ground is not seen
that mother’s surname cannot be written simply
because father’s name, surname is written. Thus, the
Constitution, law and including precedent of Nepal
have made legal provision to obtain citizenship
As per above, in Sub-clause (1) of Rule 3 of Nepal
Citizenship Rule, 2063, there is the provision of
the procedure of obtaining Nepalese citizenship
certificate by descent; but in the condition that
even application stating that citizenship should
be provided by submitting documents including
mother’s citizenship certificate, deed of divorce
done by mother with father, citizenship certificate of
father’s elder brother, including Rinex’s educational
certificates and birth registration, order does not
seem to have been issued by explaining any ground
that citizenship could not be issued by keeping
“Basnet”, the surname of mother’ identity, or the
surnames of both of mother and father, “Basnet
Adhikari” so as to accord with the petitioner’s
educational certificates as per alternatively
mentioned by the petitioner in the petition. Thus,
it is seen from the replica copy submitted along
with the present petition that the petitioner has
wanted to obtain citizenship by mother’s surname
“Basnet” by mentioning father’s name, surname
for the sake of obtaining Nepalese citizenship, and
has furnished application before Chief District
Officer, District Administration Office, Kathmandu
in the format as per Schedule-1 of Citizenship Rule,
2063; and by mentioning reason that citizenship
cannot be provided as per petition, if it is supposed
to be additionally examined upon the application
submitted as per aforementioned Schedule 1, by
examining as per law, it is necessary to order or
decide for the sake of coming to a certain conclusion
of it, but no order or decision is seen to have been
made; hence, it is seen that the issue whether the
petitioner is or is not supposed to be provided with
the citizenship has remained in confusing condition.
Instead of rebutting by affidavit if petitioner’s
description has been otherwise, the opponent,
District Administration Office, Kathmandu is not
seen to have been furnished the affidavit; hence,
condition is also seen that the opponent, District
Administration Office, has wanted to remove from
the public responsibility of issuing or not issuing
106
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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