relativity of Article 11 (4) of the Constitution
of Nepal, it is seen that in connection to the
person who is found in Nepal, whose father
and mother’s address is not traced, there is the
provision that he/she can obtain citizenship
by descent; whereas, in Article 15 (5) of the
Constitution of Nepal, the person who was
born to a Nepalese citizen mother who has
permanent domicile in Nepal and whose father
cannot be identified, can obtain citizenship by
descent. Here, there is not the condition that
the petitioner’s father or mother has not been
traced or father has not been identified. The
petitioners have clearly mentioned the name
and address of their father or husband. Their
statement is that after the father, Bishwa Nath
Thapa went to work in the garment industry,
he did not return, but has become disappeared
and is without contact. From affidavits, it is
not seen that this is wrong. The crux of the
matter is that, when there is the provision in the
Constitution and in Act to obtain citizenship
through the name of any one between “father”
or “mother”, application can be furnished,
attaching mother’s citizenship if the father is
disappeared. In such a situation, it is not right
to refuse to provide citizenship certificate by
posing hurdle that father’s citizenship could
not be submitted.
issue linked to the identity of a person; hence,
in the condition that it is substantially seen that
she is a citizen, it is not just to pose tiny hurdles.
18. In Article 18 of the Constitution of Nepal,
provision has been made regarding the right
to equality. The right of Article 18 is the right
indiscriminately conferred to all the citizens.
In Article 18 (1), it is guaranteed that all the
citizens shall be equal in the view of law and
that nobody shall be deprived of the equal
protection of the law. The matter that nobody
shall be discriminated on the ground of
gender has been mentioned in Article 18 (2).
In addition to this, provision has been made in
Sub-article (1) of Article 38, stating that every
woman shall have equal lineage right without
discrimination. Successor of lineage and equal
right of identity based on this also shall also
fall within the lineage right. Here seems no
base and reason that the petitioners shall not
obtain the rights conferred by the Constitution
of Nepal.
19. The matter that Kabita Thapa, of the petitioners,
is a citizen of Nepal is being justified by her
citizenship certificate of Nepal; however,
because of the citizenship certificate of Nepal
not issued to her daughter, Kriti Thapa, by
mother’s name, it is seen that condition has
stood here of affecting the fundamental
rights of both of them. It is not seen that the
opponent District Administration Office has
not viewed towards the matter that such act of
discrimination meted out to the women based
on gender kidnaps the right to equality of the
women.
16. From the replica copy document of S.L.C.
certificate, it is seen that the petitioner, Kriti
Thapa, was born on date 2052/11/26 (March
9, 1996 A.D.). It is also seen that she is over 16
years of age. Is seems that there is not dispute
on the matter that the petitioner’s mother,
Kabita Thapa, was born on date 2037/3/30 (July
13, 1980 A.D.) in Kathmandu district, K.M.C.,
Ward No. 5 and citizenship certificate of C. C.
No. 2023 was issued on her name from District
Administration Office, Kathmandu on date
2061/8/7 (November 22, 2004 A.D.) ; hence,
the petitioner is seen to be a person qualified
to obtain citizenship certificate of Nepal if
she fulfills the procedure prescribed in Nepal
Citizenship Act, 2063 and Rule of the same.
20. Mandamus order is seen to have been issued on
the name of District Administration Office by
this Court on the writ petition having including
Sabina Damai versus the Government of Nepal
(Writ No. 2067-WO-0703 N.L.M. 2068 D.No.
8557 Number 2 Page 247), to provide citizenship
by mother’s name. After that, it is seen from
the affidavits submitted by the Office of the
Prime Minister and the Council of Ministers
upon the petition of (Writ No. 2070-WO-0817)
having Laxmi Lama versus including the
Government of Nepal submitted today, the
aforementioned order went, in writing to the
Ministry of Home Affairs, on date 2068/3/6
(June 20, 2011 A.D.), through the Secretariat
of the Council of Ministers for the sake of the
implementation, and from the Ministry of
Home Affairs, circulation was made through
the letters of the date of 2068/5/5 (August 22,
2011 A.D) to all the District Administration
Offices and the bodies concerned for the sake
of implementation of the aforementioned
17. Citizenship certificate identifies a person
as a citizen of a particular country. Without
becoming a citizen, political right cannot be
used. Citizenship certificate is very essential
to use political and economic rights and to
identity as a citizen. State confers various
fundamental rights to its citizens, such as,
using fundamental rights, getting employment,
taking up public post, using political right,
receiving social security and casting votes etc.
Political right is not obtained by a person other
than the citizen. Citizenship is a very sensitive
122
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