establishes the relationship not only with his/her
parents but also with the state as well.
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, that father cannot be identified.
By giving the information of the present order to
the opponents through the Office of the Attorney
General, submit the document file upon doing as
per law by striking off the record of case file.
If any child commits any crime against the
prevailing law of the state, the birth registration is
significant while filing charge or involving him/her
in the process of justice.6 Similarly, while making
contract, making him/her adopted son/daughter,
giving jobs, preventing child marriage, inoculating
against diseases or receiving other social security
obtained from the state, the birth certificate has
great importance. A study carried out by UNICEF
pertaining to the birth registration of the children of
various countries including Nepal is found to have
indicated that the children who have no identity or
whose births are not registered are likely to be made
slaves or involved in prostitution.7
If each and every activity occurred within own
Ward or Municipality is in statistical clearance by
keeping records, it can help in even making plans.
Moreover, if a child of Nepal is born for the sake of
the child’s best welfare, it cannot be interrupted
simply because of not getting registered. In the
present issue, the writ petitioner is a citizen of Nepal
and there is no dispute that she has obtained the
Nepalese citizenship. It is natural to register the
birth of the children born in Nepal; hence, there
is the situation of the data of the children born in
Nepal being lost or being uncertain while refusing
to register by showing the bases of rule, law or
tradition even upon such the things to be done
naturally. Upon lacking of such data, development
and identity of such children can fall even in shadow.
Also, it is not that all the rest of the rights are
automatically obtained by simply getting the child’s
birth registered. This is the matter to happen as
per law. Whether it is the process of obtaining
citizenship based on the birth, jus soli, or it is
the process of obtaining citizenship based on
blood relation, jus sanguinis, birth registration is
essential for the sake of the welfare of the children
in whatever of the processes. Section (B) of Article
8 (2) of the Interim Constitution of Nepal, 2063 has
made the provision stating that if his/her father or
mother was a Nepalese citizen at the time of the
birth of a person, such person shall be considered
as a Nepalese citizen, and so has Clause 3 (1) of
Citizenship Act, 2063 as per that; hence, it is not
right for the state to undermine the rationale of the
birth registration certificate that remains as the first
base of the acquisition of citizenship.
Justice
I am with the afore stated opinion.
S/d
Pertaining to the present issue, 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.
Justice
Bench Officer: Anil Kumar Sharma
Computer: Ramsharan Timilsina
Done on : 2071/10/26/02 (Monday, 09th February,
2015)
74
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