of Schedule-1, we were told to go on following day, and the same process repeated on the following day, and even after going at least 10 times, without even endorsing of not giving the recommendation, the application was returned instead; hence, we, who were born, grown up and studied in Nepal, are compelled to live in the condition of statelessness upon being deprived of the right to identity in our own country. including right to make choice of obtaining citizenship through whose name out of father or mother’s name; hence, order or command should be issued on the name of opponents to provide recommendation to get citizenship to us victims petitioners by mother’s name and give and get the citizenship given too, and issue order or command including mandamus, whichever is needed, so as to interpret in connection to the other victims like us who remain across the country. Writ petition reads as above. Article 8 (2) (B) of the Interim Constitution of Nepal, and Sub-clause (1) of Clause 3 of the Nepal Citizenship Act, 2063 have covered up both father or mother within the definition of the descent. In Sub-rule (1) of Rule 3 of the Citizenship Rule, 2063, there is clear provision that the Nepalese citizen over 16 years of age, who wishes to obtain Nepalese citizenship certificate should furnish application in the format as per Schedule 1, before the Chief district Officer concerned along with the Nepalese citizenship certificates of his/her father or mother or his/her relatives within three generations, explaining birthplace and relationship, together with the recommendation made by the local body concerned. What has happened on this, stating to submit affidavit, attaching petition and the copy of this order along, sending the notice summon, submit after the affidavit arrives or after the time limit expires. Since no role of the opponent No. 1, 2 and 3 is seen to have been mentioned in the petition, it is not necessary to issue show cause order on the name of the aforementioned opponents. Upon seeing the nature and seriousness of the present writ petition, it is seen that it is supposed to be decided quickly; hence, first priority has been granted in the submission. Order of this Court of the date, of 2069/5/6 (August 22, 2012 A.D.), reads as above. Apart from our constitutional and legal provisions, treaties and agreements, of which Nepal also is a party country, have realized the right to citizenship as a human right. The provisions including Article 15 of Universal Declaration on Human Rights, 1948, Article 24 (2) of Covenant on Civic and Political Rights, 1966, Article 9 (2) of Convention on Elimination of all forms of Discrimination against Women, 1979, no person is shall be deprived of the right to citizenship and rendered in the condition of statelessness. The writ petitioners have not submitted the application congruent to the rule to this office as per Schedule 1, which is to be submitted for the sake of obtaining citizenship certificate that has been made provision in Clause 8 of Nepal Citizenship Act, 2063 and Rule 3 of Nepal Citizenship Rule, 2063; hence, no process has been furthered on towards providing these writ petitioners with Nepalese citizenship certificate; Sushma Rai, among the writ petitioners, furnished straightforward application on date 2068/10/3 (Januray 17, 2012 A.D.), stating that her sons, Diwakar Chhetri and Prabhakar Chhetri should be provided with citizenship; when the secretary of Godawari Village Development Committee was informally asked regarding her claim, description was mentioned that recommendation was not made because it was not ensured in the context of whether, Rudal Chhetri, the father of writ petitioners was or was not a Nepalese citizen; if the father of the writ petitioners was a foreign citizen, the provision of Article 5 of Nepal Citizen Act, 2063 would be attracted; hence, when asked whether the writ petitioners wanted to obtain citizenship as per this or not, they wanted to obtain the citizenship by descent as per Clause 3 of the same Act, and said that they would not submit application for the sake of naturalized citizenship as per Clause 5; hence, no action has been furthered regarding this. Affidavit came to be furnished on behalf of District Administration Office, Lalitpur reads as above. Despite having the right to get recommendation to obtain citizenship by mother’s name and to obtain citizenship due to the constitutional, legal and the documents relating to international human rights, there is the condition of not being allowed to obtain the recommendation for the sake of citizenship and the citizenship due to the patriarchal mind set, norms and values and behaviors of the officials authorized to confer recommendation for the sake of citizenship and the citizenship; hence, as per the Interim Constitution of Nepal, 2063 and Nepal Citizenship Act, 2063, our mother was a Nepalese citizen at the time of our births; hence, despite having our right to obtain citizenship of descent, contrary to this, while going to get recommendation of the citizenship and the citizenship by mother’s name, we were verbally refused to be given recommendation and the citizenship; hence, we have been deprived of our constitutional right, our right to get identity, right to get higher education, right to employment, right to business, right to residence, right of equality, right of nationality, No substantial evidence could be submitted on whether, Rudal Chhetri, the father of the writ 116 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