Schedule Format, filling up the Scheduled form and submitted all the necessary documents before District Administration Office, Kathmandu after fulfilling all the required procedures. Then, the Chief District Officer stated orally that “ ‘ descent’ denotes of father, as you have mentioned the father’s address at Kabhrepalanchowk district, this does not come under my jurisdiction.” Through this oral decree, he returned me the application and all other documents collected after following the procedure. to both men and women. The legal as well as constitutional provisions have provided the right to confer citizenship to mothers as well. However, in practice, the definition of descent is made discriminatorily and the person who wants to derive identity from mother has been denied of identity and being made stateless. The above treaties and conventions to which Nepal is a party are the fundamental instruments of human rights. Nepal has accepted the obligations under them without any reservation. Article 156 of the Interim Constitution of Nepal, 2007 has laid down that the ratification, accession, approval and assent of the treaties shall be as determined by the law. Section 9(1) of the Nepal Treaties Act, 1990 in the same spirit has clearly stated that: “In case of the provisions of a treaty, to which Nepal or Government of Nepal is a party upon its ratification accession, acceptance or approval by the Parliament, inconsistent with the provisions of prevailing laws, the inconsistent provision of the law, to the extent of such inconsistency shall be void for the purpose of that treaty, and the provisions of the treaty shall be enforceable as good as Nepalese laws.” Under the heading of ‘Acquisition of Nepali Citizenship by Descent’ in Section 3 of Nepal Citizenship Act, 2006, it is clearly laid down that: “A person born at the time when his/her father or mother is a citizen of Nepal, shall be a citizen of Nepal by descent.” Thus, under the definition of the word ‘descent’ both father and mother have been included. The law also has granted the right to the person desiring to obtain citizenship to make choice from whose name he/she has to obtain it. Rule 3(1) of Nepal Citizenship Rules, 2006 has clearly stipulated that: “A Nepali citizen who has completed 16 years of age and intends to obtain Nepali citizenship by descent certificate has make application, in the format referred to in Schedule 1 before the concerned Chief District Officer also enclosing the citizenship certificate of father or mother or any other close relative within three generations of his or her lineage and a recommendation made by the concerned local body establishing the birth place and relationship or duplicate copy of birth registration certificate. “ As stipulated in the treaty our Constitution has granted the right to mother (woman) to confer her citizenship or identity to her offspring. However, in practice, the official entrusted with enforcing those rights himself has not enforced that right has deprived me, Ranjit Thapa, one of the petitioners, of the right to identity. Therefore, I pray for the issuance of mandamus and/or any other necessary order from the respected Court to provide me citizenship from the name of my mother and to make interpretation in case of other persons aggrieved like me. I also pray that this writ petition be granted preferential hearing. It is stated in the writ petition filed at this court dated 4th August, 2008. Apart from our constitutional and legal provisions, the treaties and conventions to which Nepal is a party have also assumed the right to citizenship as a human right. Article 15 of Universal Declaration of Human Rights (UDHR), 1948 has enshrined that “Everyone has the right to a nationality. No one shall be arbitrarily deprived of his nationality or denied the right to change his nationality.” Article 24 of the International Covenant on Civil and Political Rights, 1966 has provided that every child shall be registered immediately after birth and shall have a name; every child has the right to acquire a nationality. Moreover, Article 9(2) of the UN Convention on the Elimination of All Forms of Discrimination, 1979 has recognized that State parties shall grant women equal rights with respect to the nationality of their children. Our Constitution and laws also have made the corresponding provisions. Article 7 Convention on the Rights Childs, 1989 has further specified that the child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and as far as possible the right to know and be cared for by his parents. In the order of this court dated 6th August 2008 it is stated “What has happened in this regard, why an order as sought by the petitioner should not be issued. The respondent shall be notified attaching a copy of order, for submitting written responses, through the Office of the Attorney General, within 15 days of receiving this order excluding the period of travel enclosing the relevant documents. The carbon copy of the notice shall be sent to the Office of the Attorney General. The case shall be duly presented after filing of written responses or upon expiry of time period. Moreover, as the applicant has sought preferential hearing and a significant issue of right to citizenship is involved in this case, preferential hearing shall be made of this case pursuant to Rule 63(3) of the Supreme Court Rules, 1992.” The provisions of above treaties and conventions have guaranteed the right to confer citizenship The written response submitted on behalf of the Office of the Prime Minister and Council of Ministers 18 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION