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the express provision of Constitution by denying
the petitioners of Nepali citizenship certificate.
In this case too, as the father is missing and out
of contact till date, and as it is shown from the
photocopy of citizenship enclosed in case file that
is authenticating that the mother of petitioners
is a Nepali citizen and since it has also been
corroborated that the petitioners are the offspring
of a Nepali citizen Dhana Nagarkoti, a mandamus
is hereby issued in the name of respondent
District Administration Office, Kathmandu for
providing Nepali citizenship certificate to the
petitioners from their mother’s name as per the
laws.
10
070WO0932
9th February,
2015
Dipti
Gurung VS
Government
of Nepal
Taking the daughter
together, when I went to
the Office of Ward No. 3 of
Lalitpur Sub-Metropolitan
City, Lalitpur District,
where we are living, to get
the birth registered, by
filling up the form of the
information of the birth
as per Schedule 2 of Birth,
Death and Other Personal
Events (Registration) Rule,
2034, we were refused to
get registered. We were
not given information
pertaining to the other
alternatives so as to
be able to get the birth
registered. After then,
though I continued to
go months after months
to the aforementioned
Office, taking the daughter
along with me, birth was
not registered and we
were replied with chiding
language, stating that
daughter’s birth would not
be registered if there is no
citizenship of the father;
hence, as there is no other
way out, I have been present
taking the writ petition.
Apart from the things to be filled up in the
Schedule 2 of Birth, Death and Other Personal
Events (Registration) Rule, 2034, the parents’
descriptions are also included, and it is seen that
the incident has not been registered due to the
complexity related with this. It is the duty of the
state to get the child’ birth registered even by
accepting to that extent whatever the description
is filled up or can be filled up by the one who
wishes to get the birth registered. Otherwise,
complications arise later. On this issue, order
has been issued by the Special Bench of this
Court, stating, “Do not refuse to all the children
including the children of Badi community, with
fathers unidentified, to register their births due
to the reason that fathers are not identified.”8
Thus, order to get the births registered has been
issued by this Court in connection to the children
with no identity of fathers, whereas, in order to
register the births of the children with fathers
unidentified on the basis of the aforementioned
order, all the Local Registrars were already given
directives on date 2062/10/13 ( January 26, 2006
A.D.) so that birth can be registered on the basis
of mother’s citizenship by writing the description
of not identifying in the Chapter of father’s
descriptions of the information form. Thus, in
the condition that order has been issued by this
Court to register the birth even in the situation
that the children’s father is not identified, and
directives have been given by the Ministry as per
the aforementioned issue; it would not be better
to refuse to register the birth taking this issue for
granted. Not just to register upon being brought
to get the birth registered, but if the work of birth
registration can be compulsory, responsible
system of governance is felt by the people. Hence,
Mandamus is issued on the names of including
the opponent, Lalitpur Sub- metropolitan City,
stating that if applicant provides whatever the
description mentioned in the form of Schedule
2 of Birth, Death and Other Personal Events
(Registration) Rule, 2034 or brought, stating of
not being able to fill it up, get it registered as it
is by accepting that. Moreover, directive order
has been issued on names of including the
opponent, Office of the Prime Minister and the
Council of Ministers, stating to reform or amend
the aforementioned provision of Schedule 2, by
making revision so that it can be accommodated
in the circumstance, like that of the petitioner’s,
71
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