is not identified and who was born from a Nepalese
mother. Likewise, as per Section (A) of Sub-clause (1)
of Clause 4 of the Birth, Death and Other Personal
Events (Registration) Act, 2033 in the condition that
the person having the duty to inform about the birth
and death is absent, the person prescribed by the
Government of Nepal by publishing the notice in
Nepal Gazette shall have to give such information.
Such provision is there in Sub-clause (4) of Clause 4
of the aforementioned Act and as per it notice was
published on date 2059/11/26 (March 10, 2003 A.D.)
in Part 3, Number 47, Section-52 of Nepal Gazette
with the description that Secretary in V.D.C’s. and
Executive Officers in Municipalities shall be the
informants and incidents are being registered as per
that. Thus, in the situation that provision has been
made that birth can be registered on the basis of the
citizenship of mother of the person whose father
is yet to be identified, the writ petition furnished
is revocable. Affidavits of Ministry of the Federal
Affairs and Local Development and the Office of the
Prime Minister and the Council of Ministers, with
the same concord, read as above.
the information form of Schedule 2 of Birth, Death
and Other Incidents (Registration) Rule, 2034,
that there is a format to be filled up with parents’
descriptions who have obtained citizenships;
hence, leaving the father’s description empty as
per it, birth is not supposed to be registered; in
connection to the children having no whereabouts
of father, alternative provision is existing that local
Registrar can obtain the remedy by making demand
of necessary exit from Chief Registrar.
Hence, in the context of present issue, decision is
supposed to be made on the issue that whether or
not the birth shall have to be registered in connection
to the petitioner’s daughter having no identity of
father as per Birth, Death and Other Personal Events
(Registration) Act, 2033. In this, considering towards
the decision, the Birth, Death and Other Personal
events (Registration) Act, 2033 is not found to have
made any classifications pertaining to the births
of what kinds of children are to be registered and
not to be done in connection to what kinds. In the
Preamble of the aforementioned Act, a Clause is
found to have mentioned, “Due to being necessary
to make legal provision pertaining to distributing
the certificates by registering the incidents such
as birth, death, marriage, divorce and migration of
the persons residing in Nepal.” The objectives and
spirit of the Act is inclusive in the Preamble; hence,
this provision of the aforementioned Act, to register
the birth of any one residing in Nepal is not seen
to have been obstructed. Despite being whatever,
native or foreigner, the children born in Nepal, it
is necessary to have record of it. So far, the issue of
birth registration is found to have been established
as a right in connection to not just for the native ones
but for the refugees, stateless children or foreigners
as well.1
Pleadings presented on behalf of the writ
petitioner:
Learned advocates duos, Mrs. Mira Dhungana
and Ms. Sushma Gautam, present on behalf of the
writ petitioner, pleaded the plea with description
that there is provision in Section (A) of Sub-clause
(1) of Clause 4 of Birth, Death and Other Personal
events (Registration) Act, 2033,that the head of the
family, and person of the family having reached
the age shall have to inform about the birth and
death in his absence; while going to register the
birth as per the aforementioned provision, there
is no situation that the birth of the writ petitioner
has not been registered; although the description
relating to the parents’ citizenships has been
mentioned in the information form of the birth
contained in Schedule 2 of Birth, Death and Other
Personal Events (Registration) Rule, 2034, it can
never be inferred so as not to register the birth
simply because there is no citizenship of any one;
even the Interim Constitution of Nepal, 2063 and the
Convention on Child Rights, 1989 have mentioned
the inherent right that birth of children is supposed
to be registered; hence, the opponents do not have
the right to challenge it.
Various international conventions also have
mentioned the issue that after births of any
children take place, it is their natural right to be
allowed registering the births. Article 6 of Universal
Declaration of Human Rights has made provision
that every person shall have the right to obtain
identity as a person at any place in the view of law.2
Article 24 (2) of International Convention on Civil
and Political Rights, 1966 is found to have mentioned
that every child shall be immediately registered and
name is kept after they are born.3 Similarly, Article 7
(1) of the Convention on Child Rights, 1989 is seen
to have guaranteed that children shall be instantly
registered after they are born.4 Besides this, appeal
is found to have been made by General Assembly of
the United Nations Organization on December 19,
2011 A.D. to protect the rights including children’s
birth registration, by passing a proposal.5
Order of the Court:
In the present issue that has been submitted before
this Bench for the sake of decision upon being
inducted in the daily cause lists as per Rule, writ
petition is seen to have been furnished to get the
birth registered since it has been refused to register
in connection to the daughter having no identity.
Upon looking into the affidavits of the opponents,
the description is seen to have been mentioned in
Birth registration certificate is such a legal validity to
be conferred by the state for any child that it makes
him/her exist as a member of society or nation; it
73
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents