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

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