18 Kriti Thapa vs Government of Nepal Bhadra 13, 2073 (29th August, 2016) Supreme Court, Division Bench Honorable Justice Dr. Aananda Mohan Bhattarai Honorable Justice Prakash Man Singh Raut Order 072-WO-0520 Subject: Mandamus et al Kriti Thapa, a resident of Ward No 5 of Kathmandu Metropolis of Kathmandu district .........1 Kabita Thapa, a resident of Ward No 5 of Kathmandu Metropolis of Kathmandu district ......1 Petitioner Vs. Nepal Government, Office of Prime Minister and Council of Ministers, Singhadurbar, Kathmandu ......................................................................................................................................1 Nepal Government Ministry of Home, Singhadurbar, Kathmandu ...........................................1 Nepal Government District Administration Office, Babarmahal Kathmandu ..........................1 Office of ward No 5 of Kathmandu Metropolis of Kathmandu district ......................................1 Opponent Brief fact and order of the present writ petition that has been submitted by being fallen under the jurisdiction of this Court as per Article 107 (2) of the Interim Constitution of Nepal, 2063 are as follows: 1. Kriti Thapa, became over 16 years of age, citizenship was needed for the sake of getting higher education; hence, when we went to the Ward Office of Ward No 5 of K. D., K.M.C. on date 2071/11/12 (February 24, 2015 A.D.) for the sake of recommendation to get citizenship, we were denied to be provided with the recommendation, stating that citizenship could be obtained from the name and address of the father only; then, upon going to the District Administration Office, when we informed of our problems and the reply given to it by the Ward Office, the District Administration Office also returned us on date 2072/6/7 (September 24, 2015 A.D.), saying that law of providing citizenship from the mother’s name and address had not been made. Of the petitioners, I, Kriti Thapa, and Kabita Thapa, are the victims who have been deprived of the right to obtain the citizenship and to provide the citizenship through her name. Of the petitioners, having love marriage of the mother, Kabita Thapa, with Bishwa Nath Thapa, a resident of Rautahat, in the month of Jestha of the year 2052 B.S. (May/June, 1995/96 A.D.), daughter, Kriti, was born on date 2052/11/26 (March 9, 1996 A.D.) from that marital relationship. Since the month of Paush of the year 2058 B.S. (December/January 2001/02 A.D.), when he went to the work in garment, the father, Bishwa Nath Thapa, has not returned. I, the mother Kabita Thapa, have been taking up the responsibility to nurture, educate the petitioner. Since she had got married at a young age, she did not have citizenship nor was her marriage registered. Upon deciding to obtain citizenship, mother obtained citizenship in 2061 B.S. (2004/05 A.D.) through her father’s name from Kathmandu District Administration Office. Of the petitioners, after the daughter, Due to the situation that Kriti Thapa, of the petitioners, has not been able to obtain citizenship certificate through the mother, Kabita Thapa, of the petitioners, she is compelled to live in stateless condition and has been deprived of many rights to be obtained from the state due to not obtaining citizenship; it has been against the provision that mother can give identity by providing citizenship to her children through her name as per Article 119 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION