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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