6 Sabina Damai vs Government of Nepal Phagun 15, 2067 (27th February, 2011), N.K.P. 2068, No. 2, Decision No. 8557, Pg. 247 Supreme Court, Division Bench Hon. Justice Mr. Balaram K. C. Hon. Justice Mr. Bharat Raj Upreti Writ No. of 2067 BS: 067-WO-0703 Subject: Mandamus et al Ms. Sabina Damai, with an age of 18 years, daughter of Ganga Maya Damai, permanent resident of Lamidanda VDC, Ward No. 02 of Dolakha district and presently residing at Harisiddhi VDC, Ward No. 09 Lalitpur district and others ......................................................1 Petitioner Vs. Office of the Prime Minister and Council of Ministers, Singha Durbar, Kathmandu and others ....................................................................................................................................1 Respondent A  citizenship certificate is awarded only to the persons who have attained the qualification specified by the constitution and law. Despite a long residence in the country, no one can become a citizen unless he/she is qualified for acquiring citizenship as determined by constitution and laws. (Paragraph No. 4) Rules, 2006 •  Citizenship certificate is essential for every individual. None can enjoy political rights of the country unless he/she is the citizen of that country. • No citizen can be deprived from obtaining citizenship from wrong reasoning or wrong interpretation of law made by prescribed officer due to his/her ignorance about Constitution, laws and covenants on Human Rights Justice Mr. Balaram KC: The brief of facts and judgment of the present writ petition filed to this Court pursuant to the Articles 32 and 107(2) of the Interim Constitution of Nepal, 2007 and presented before this bench are as follows: • • Experiencing hardships in obtaining citizenship certificate cannot be tolerable. (Paragraph No. 10) • O  ne can still obtain Nepali citizenship certificate if one of his/her parents either father or mother is a Nepali citizen. (Paragraph No. 11) Article 8, 8(2, b), 13, 13(1) and 20(1) of the Interim Constitution of Nepal, 2007 Local Administration Act, 1971 Order The petitioner organization and we the petitioners have been continually raising voices for human rights and rights of women. As we are Nepali citizens, we have the right to constitutional remedy conferred by Articles 32 and 107(2) of Interim Constitution of Nepal, 2007, for the enforcement of human and fundamental rights and to file this writ petition accordingly. The right to citizenship is a significant right of an individual and this is such a document which gives an identity to a person. Citizenship is the basis whereby a person may enjoy the rights awarded by a nation. Hence a person without citizenship neither has identity nor can he/she have an opportunity to enjoy the rights conferred by the state. Hence, citizenship is an inherent right of an individual. On behalf of the Petitioner: Advocates: Ms. Mira Dhungana and Ms. Sushma Gautam On behalf of the respondents’ : Learned Joint Government Attorney Mr. Yubaraj Subedi Among the petitioners, I, Sabina Damai, am a person suffered from deprivation of Nepali citizenship. I am the daughter of Ms. Ganga Maya Damai permanent Precedents Adopted: Related Acts: Rule 3(1), 3 of the Nepal Citizenship 45 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION