of Nepal, Office of the Prime Minister and Council
of Ministers has argued that law has not barred
the married women from obtaining citizenship by
decent in the name of her father.
certificate has mentioned her husband’s
name and intended to obtain citizenship
certificate by mentioning her husband’s name
however she has not submitted the evidence
substantiating her marital relationship;
therefore, recommendation has not been
provided thereto.
Advocate Sujandra Maharjan representing on behalf
of Kirtipur has stated that the applicant Nakkali
Maharjan in her application form submitted for
obtaining citizenship certificate has mentioned
her husband’s name and intended to obtain
citizenship certificate by mentioning her husband’s
name however she has not submitted the evidence
substantiating her marital relationship; therefore,
recommendation has not been provided thereto.
There is no situation of rejecting the application and
deny to make recommendation if an application
is submitted for recommendation for obtaining
citizenship certificate by descent in the name of
either father or mother. Therefore, the writ petition
should be quashed.
3. Going through the duplicate copy of the
application form submitted by the petitioner
Nakkali Maharjan for obtaining citizenship, it
is mentioned as :- Nakkali Maharjan with an
age of 29 years, daughter of Dev Maharjan,
resident of Kirtipur Municipality Ward No 6
which also contained the Citizenship Certificate
Number of her father which has been verified/
certified from the Ward Secretary of Ward No
6 on July 16, 2006. The Executive Officer of
the respondent Kirtipur Municipality has not
made recommendation to it and therefore, the
contention of the written response of Kirtipur
Municipality that the petitioner had intended
to obtain citizenship certificate by mentioning
the name of her husband does not seem to be
based on fact.
After hearing the arguments presented by the
learned advocates and reviewing the documents
enclosed in the case file including the writ petition
the court has to decide whether or not an order as
sought by the petitioner needs to be issued?
4. Article 11 of the Constitution of the Kingdom
of Nepal, 1990 which was in force at the time
of filing of this writ petition guaranteed the
right to equality and Article 13 of the Interim
Constitution of Nepal, 2007 which is now in
force has provided the right to equality. In Clause
(1) of Article 13, it is provided that “All citizens
shall be equal before the law. No person shall
be denied the equal protection of the laws.
Likewise, in Clause (2) it is provided that “No
discrimination shall be made against any citizen
in the application of general laws on grounds of
religion, color, sex, caste, tribe, origin, language
or ideological conviction or any of these.”
Guaranteeing these constitutional provisions
of fundamental rights the Article 32 has ensured
the right to proceed in the manner set forth in
Article 107 for the enforcement of these rights.
2. To consider about the ruling, in the writ petition
it is stated that, the constitution in the Article
11 of the Kingdom of Nepal, 1990, the right to
equality has been guaranteed. Article 9(1) of the
Constitution and Section 3 of the Citizenship
Act, 19963 provide that any person, whose
father or mother was a citizen of Nepal at his
or her birth, shall be deemed to be the citizen
of Nepal by descent. Likewise, Article 9 of the
Convention on the Elimination of All Forms of
Discrimination against Women provides that
“States Parties shall grant women equal rights
with men to acquire Nationality” and Nepal has
already ratified that convention and therefore,
married woman has right to make choice
whether to obtain citizenship in the name of
her father or husband. On these grounds, a writ
of mandamus has been sought in the name
of Kirtipur Municipality causing it to make
recommendation wherefrom the Executive
Officer denied making recommendation for
citizenship when the petitioner had asked for
it stating that a married woman cannot obtain
citizenship from the name of father. The order
of mandamus has also been sought in the name
of other respondents making interpretation in
respect to other women residing in the country
who have been suffered from such problem.
Going through the written response submitted
from Kirtipur Municipality it is stated that, the
petitioner Nakkali Maharjan in her application
form submitted for obtaining citizenship
5. Article 9(1) of the Constitution of the Kingdom
of Nepal, 1990 has provided the constitutional
provision that any person whose father or
mother was a citizen of Nepal at his or her
birth shall be a citizen of Nepal by descent.
Likewise, according to the Article 8(2) of the
Interim Constitution of Nepal, 2007 “At the
commencement of this Constitution, the
following persons who have their permanent
domicile in Nepal shall be deemed to be the
citizens of Nepal by descent:
(a) any person who has acquired citizenship
by descent prior to the commencement of
this Constitution;
15
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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