any profession, or to carry out any occupation,
industry or trade. Article 25 (1) of the Constitution
has formulated the Directive Principle of the State
with an objective to establish a just system in all
aspects of national life including social, economic
and political life protecting the lives, property and
liberty of the people. Likewise, Article 25 (3) sets
forth the principle to establish harmony amongst
the various casts, tribes, religions, languages,
races and communities by eliminating all types of
economic and social inequalities. The number 10 (A)
of the Chapter on Decency of Muluki Ain prescribes
punishment for practicing discrimination as
untouchable on the ground of caste. Section 3 and
4 of the Civil Rights Act, 2012 (1955) provides right
to equality, Section 4 (b), (c), (f ) of Social Welfare
Act, 2049 (1992) provides the right to lead the life
with dignity. Section 3 of the Citizenship Act, 2020
(1963), Rule 3 of Citizenship Rules 2049 (1992) and
Schedule 1 and 2 of the same Rule provide about
proving citizenship certificate.
citizenship certificate mentioning the surname
(family name) and also provide certificate stating
that the previous citizenship certificate mentioning
the caste and the present citizenship certificate that
mentions surname (family name) is same and the
person mentioned in the documents prepared as per
the previous citizenship certificate is the same. It is
also urged to issue order to other concerned bodies
to correct the documents requiring correction as per
the correction made in the citizenship certificate
based on surname (family name). It is urged to issue
an order to the Ministry of Local Development and
local bodies under it to provide recommendation
for citizenship certificate and concerned officials to
provide recommendation based on surname (family
name) if application is filed for it. It is also urged to
issue Mandamus and other necessary order in the
name of His Majesty’s Government, Ministry of Law,
Justice and Parliamentary Affairs and the Parliament
to formulate necessary law for providing citizenship
certificate on the basis of surname (family name).
It is stated in the writ petition.
Violating the above-mentioned international
treaties, conventions, rights guaranteed by the
Constitution of the Kingdom of Nepal and Nepal
law and disregarding the obligations prescribed and
directive principles set forth by the constitution,
the respondents have been issuing citizenship
certificate to the people of Dalit Communities by
compulsorily mentioning the so-called occupational
caste when they ask for providing citizenship
certificate mentioning the surname (family name).
His Majesty’s Government, Council of Ministers,
has decided on 2052/4/4 (July 20, 1995) to provide
citizenship certificate based on surname (family
name) and has issued circular accordingly, however,
the respondents have disregarded it and have not
implemented it. In Section 3 of Citizenship Act,
2020 (1963) and Rule 3 of Citizenship Rules 2049
(1992) and Schedule 1 and 2 of the same Rule there
is provision to mention name and surname (family
name) while providing citizenship certificate.
However, the respondents, while providing
citizenship certificate, have arbitrarily compelled
the people of Dalit community to mention caste/
race disregarding the law mentioned above, have
sustained the condition of being victimized of
discrimination based on race (caste), and have
not let them to live a life with dignity. Therefore, it
is urged to issue the writ of mandamus and other
appropriate order in the name of respondents
His Majesty’s Government, Ministry of Home and
District Administration Offices to issue citizenship
certificate based on surname (family name). It
is also urged to issue an order to the Ministry of
Home Affairs and District Administration Offices
to make correction in citizenship certificate
when application is filed urging for correcting the
(4) Show cause order of this court dated 2061/5/11
B.S. (August 27, 2004) reads as: “What has happened
in this case? Why the order, as requested, should not
be issued? Let the respondents be notified enclosing
with a copy of writ petition to submit the written
reply/response, within 15 days excluding the days of
journey, through the Office of the Attorney General.
Let the writ petition be presented before the bench
after the submission of the written reply or expiry
of the period.”
The District Administration Office Nuwakot in
its written reply has stated that the rights of the
petitioners provided by the No. 10 (a) of the Chapter
on Decaency of the Muluki Ain, Civil Rights Act,
1955, Social Welfare Act, 2049 (1993), Citizenship
Act, 2020 (1963) and the decision of His Majesty’s
Government 2052/4/4 (July 20, 1995) (July 20, 1995)
has not been restricted. The petitioners also have
not been able to write definitely that the office has
violated their rights. Therefore, the writ petition
deserves to be quashed and should be quashed.
The District Administration Office Sindhuli
in its written reply has stated that Citizenship
Certificates have been provided to the Dalit
communities according to the rights guaranteed
by the Constitution of the Kingdom of Nepal and
law, the obligation imposed thereon, and the
directive principles and according to the decision
of His Majesty’s Government, Citizenship Act and
Citizenship Rules. Therefore, the writ petition filed
making respondent to the office should be quashed.
District Administration Office Dhanusha in its
written reply has stated that the petitioners have not
been able to mention from what acts of the office
4
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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