certificate can be obtained. Hence, the writ petition should be quashed. After hearing these arguments the court has to decide whether or not the writ as sought by the petitioner should be issued. My father Sharad Bahadur Thapa did not agree to confer me citizenship and I submitted application in the District Administration Office along with the Kathmandu Metropolitan City, Ward No. 35, of Kathmandu for obtaining citizenship in the name of my mother Lila Rayamajhi Thapa. After conducting Public Field Inquiry according to the order of that office duly attaching the photocopies of citizenship certificates of the persons whose names were mentioned in the Schedule Format, filling up the Scheduled form, I submitted all the necessary documents before District Administration Office, Kathmandu fulfilling all the required procedures. Then, the Chief District Officer stated orally that ‘The word ‘descent’ denotes ‘ of the father’, as you have mentioned the father’s address at Kabhrepalanchowk district, this does not come under my jurisdiction.’ Section 3 of Nepal Citizenship Act, 2006 has included both of father and mother under the definition of descent as well as granted the right to choose from whose name citizenship certificate is to be obtained. Likewise, Rule 3(1) of Nepal Citizenship Rules, 2006 has clearly stipulated that: “A Nepali citizen who has completed 16 years of age and desires to obtain Nepali citizenship certificate have to apply pursuant to the format of Schedule 1 before the concerned Chief District Officer along with the citizenship certificate of father or mother or any other close relative within three generations of paternal side and a recommendation made by the concerned local body establishing the birth place and relationship or duplicate copy of birth registration certificate”. a) Any person who has acquired citizenship by descent prior to the commencement of this Constitution; b) Any person whose father or mother was a citizen of Nepal at his or her birth.” Moreover, Article 22 of the Constitution has provided that each child shall have the right to identity and name. 2. Section 3 (1) of Nepal Citizenship Act, 2006 has 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.” Similarly, Rule 3(1) of Nepal Citizenship Rules, 2006 has clearly stipulated that: “A Nepali citizen who has completed 16 years of age and aspiring for Nepali citizenship certificate shall have to apply pursuant to the format of Schedule 1 before the concerned Chief District Officer also attaching a) the citizenship certificate of father or mother or any other close relative within three generations and b) a recommendation made by the concerned local body establishing the birth place and relationship or duplicate copy of birth registration certificate.” 3. Moreover, 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.” Thus, it has guaranteed the right to nationality as a human right in itself. 4. Article 24 (3) of the International Covenant on Civil and Political Rights, 1966 has provided that every child has the right to acquire a nationality. 5. Article 9(1) UN Convention on the Elimination of All Forms of Discrimination, 1979 has expressly provided that: “State parties shall grant equal rights with men to acquire, change or retain their nationality. They shall ensure in particular that neither marriage to an alien nor change of nationality by the husband during marriage shall automatically change the nationality of the wife render her stateless or force upon her the nationality of husband. Likewise, Article 9(2) has prescribed that the State parties shall grant women equal rights with men with respect to the nationality of their children.” Nepal has also ratified the national and international treaties as well as conventions in this regard. Hence, writ of mandamus and/or any other necessary order should be issued in the name of respondent from the respected Court to provide me citizenship from the name of my mother and to interpret in case of other aggrieved persons like me. This is the gist of the writ filed by the petitioners. The written responses submitted by District Administration Office, Kathmandu and other respondents have stated that since the petitioner is entitled to obtain Nepali citizenship certificate from the Kabhrepalanchowk district and the writ petition should be quashed on the ground of the question over jurisdiction. 6. Article 7(1) of Child Rights Convention, 1989 has further specified that “The child should 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.” Article 8(2) of the Interim Constitution of Nepal, 2007 has laid down that “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: 7. Upon considering the above mentioned national and international provisions, it can be concluded that every person has a right to his or her identity and citizenship and that right may be enjoyed by 20 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION