any person. Citizenship certificate is compulsory to obtain facilities and rights and to obtain opportunity provided for the citizen by the state. On one hand, personal events of a person, who is deprived of citizenship, are not registered, on the other hand, he/she cannot have the ownership of the property, has to be deprived of education, employment, cannot do industry, trade, business, cannot walk freely and cannot do banking transactions. The person without citizenship, is not identified as of which country he/she belongs; hence, despite being a human naturally, he/she is rendered without existence by being deprived of the basic human rights, due to being without right legally. Many a person including me, the petitioner, is deprived of the citizenship in Nepal. All of these persons are deprived of the aforementioned rights and opportunity. Hence, all of these persons including me are not just without citizenship, but are living being stateless, and our minimum basic human rights are also not protected; hence, these issues are very serious, sensitive and personally concerned issues. No. 13, by holding patriarchal mind set, value and norm, stating that recommendation shall not be provided and Lalitpur District Administration Office stating that it shall not provide citizenship is against the provisions made in the Constitution and the law; hence, our, the petitioners mother and sons’ constitutional, legal rights and the rights conferred by international treaties and conventions to obtain citizenship and provide citizenship to own children have been attacked; hence, it has been a great injustice. Due to the aforementioned order, the condition has been emerged to disappear my, Bijay Basnet’s, of the petitioners, identity, and I, the petitioner, have been compelled to be deprived of all the rights to be obtained by the citizen from the state upon being compelled to live in the stateless condition throughout the life. Besides our constitutional and legal provisions as well, the treaties and agreements ratified by Nepal, being a party, have realized the right to citizenship as a human right. Article 15 of the Universal Declaration on Human Rights (UDHR), 1948 maintains the provision that every person has the right to citizenship; nobody shall be deprived of his/her right to citizenship discretionarily. Article 24 of International Covenant on Civic and Political Right (ICCPR), 1966 maintains that every child shall be registered immediately after birth and shall have a name; every child has the right to acquire a nationality. Article 9 (2) of Convention on Elimination of all forms of Discrimination Against Women (CEDAW) has made the provision that state parties shall grant women equal right with respect to the nationality of their children, and provision has been made as per this; however, justice has been done by depriving of the right to obtain citizenship or to obtain identity. In Article 7 of Convention on the Rights of Children (CRC) maintains that the child should be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and be cared for by his/her parents. The aforementioned provisions of the treaties and conventions, both the women and men shall be guaranteed with the right to provide citizenship. Thus, international treaties and agreements and our Constitution and law has granted the mother right to provide citizenship to her children, however, the opponents, by not providing citizenship to the child wishing to obtain identity from my name, the petitioner mother, has done injustice by depriving of the identity and intending to make stateless. By a single mother patron, I, Yashu Maya Budhathoki Basnet, of the petitioners, have been providing patronage to the son, Bijay Basnet. After the birth of the son, my husband, Jogendra Basnet, went out of the valley; but the condition is that even after searching for him, The basic structure of the laws relating to citizenship is the Part 2 of the Interim Constitution of Nepal, 2063. Under the aforementioned Part of the Constitution, there is the provision in Article 8 (2) (B) that “a person whose father or mother was a citizen of Nepal at the time of his/her birth shall be deemed a citizen of Nepal by descent.” Similarly, in Subclause (1) of Clause 3 of Nepal Citizenship Act, 2063, there is the provision suitable to the Constitution. We, writ petitioners, are the full citizens of Nepal. My, Bijay Basnet’s, mother, of the petitioners, is also a Nepalese citizen. there is clear provision made in the Constitution and law that if any one of the father or the mother is a Nepalese citizen, his/her children shall be the citizens of Nepal by descent; but, I, the petitioner, has been deprived of the citizenship simply because the father of mine, Bijay Basnet’s, of the petitioners, has been disappeared; hence, it has been a very injustice. Condition has emerged to disappear my identity due to oral order of the opponents. In Rule 3 (1) of the Citizenship Rule, 2063, even after fulfilling the process as per Schedule 1, that by attaching with the Nepalese citizenship certificate of father or mother or the relative within three generation of his/her own and recommendation made by the local body concerned so as to expose the birthplace and relationship or the replica copy of the birth registration certificate, the Nepalese citizen over 16 years of age, who wants to obtain Nepalese citizenship certificate can furnish application before the Chief District Officer concerned, due simply to obtaining the citizenship, identifying by the mother, oral order of Lalitpur Sub-metropolitan City, Ward 77 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION

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