For the sake of obtaining citizenship by mother’s name, application was furnished by fulfilling the process as per Article 8 (2) (B), Sub-clause (1) of Clause 3 of Nepal Citizenship Act, 063 and Subrule (1) of Rule 3 of Nepal Citizenship Rule, 2063, but condition has surfaced to wipe out our identity by the aforementioned oral order given by the opponent, stating that citizenship could be given by mother’s name, without even registering the application, and condition has appeared for us to be compelled to live in the stateless situation throughout our lives; hence, order or command including mandamus whichever is needed should be issued giving an order to provide citizenship by mother’s name. of an extreme sensitivity and public concern; hence, the present writ petition should be heard by keeping it in first priority. Joint writ petition of including Sajda Sapkota reads as above. What has happened on this and how ? If there is ground and reason why the order as per the petitioner’s claim is not supposed to be made, sending notices on the names of the opponents to submit affidavits within 15 days except the journey time limit by road from the date of this order received, submit as per rule after the affidavit is furnished or the time limit is elapsed. Moreover, upon looking into the content and graveness of the present writ petition, first priority has been given as per Rule 5 (A) of Supreme Court Rule, 2049. Order of this Court, of the date of 2067/11/2 (February 14, 2011 A.D.), reads as above. Besides our constitutional and legal provisions regarding the right of identity, every person has the right of citizenship by Article 15 of Universal Declaration on Human Rights (UDHR), 1948. Provision has been made stating that nobody shall be deprived of his/her right of citizenship gratuitously, whereas, Article 24 (2) of International Covenant on Civic and Political Right (ICCPR), 1966 has made provision that every child is registered after his/her birth and is given name, in Sub-article (3) child has the right to acquire nationality. Similarly, Article 9 (2) of Convention on Extermination of all kinds of Discriminations Against Women (CEDAW), 1979 has made the provision regarding the children, nationality, stating that the party nation shall provide right to the women as equal as that of men. In Article 7 (1) Convention on the Right of the Children (CRC), 1989, there is provision that children shall be registered immediately after birth, and that children shall get their right of nationality after they are born. The opponent petitioner is not in the condition of being unable to mention in the petition clearly about what kind of work and function or decision of this Office has breached what kind of constitutional and legal rights of the petitioner. Regarding the acquisition and termination of the citizenship, the body and lien on post, who is bestowed with legal duty to confer citizenship, cannot set back from that legal duty of theirs if application is furnished in front of the authorized official or body by fulfilling the method, process, and work procedure prescribed in the Interim Constitution of Nepal, 2063 and Nepal Citizenship Act and Rule. If any lien on post who has to abide by the legal duty refuses to abide by his/her legal duty, the stakeholder can furnish complaint in front of the prescribed official for the sake of the punishment upon such lien on post as per Nepal law. However, these petitioners are not seen to have furnished complaint in front of the prescribed official for the sake of getting the legal duty abided by. By remaining under the Constitution, Citizenship Act and Rule, this Office is committed to ensure, by securing, the use of constitutional right to get the citizenship of Nepal for all who are qualified to obtain citizenship of Nepal. For this purpose, as per order made by the esteemed Court on date 2067/11/15 (February 27, 2011 A.D.), on the mandamus petition of writ No. 0703 of the year 2067 having petitioner Sabina Damai versus including this Office as opponent, by issuing circulars nationwide on the names of all the Chief District Officers, letters have already been sent upon writing to the Ministry of Home Affairs by means of the letter of the date of 2068/3/6 (June 20, 2011 A.D.) in order to provide the petitioner, Sabina Damai, with the citizenship of Nepal by mother’s name as per law, and to easily provide citizenship if the children who were born in Nepal from the Nepalese citizen mother come to ask for citizenships by mothers’ names by fulfilling rule and work procedure of Nepal Citizenship Act, 2063 and Nepal has already accepted, without any reservation, the duty emerged from all the aforementioned conventions, which have been ratified upon being party nation. In Clause 9 (1) of Nepal Treaty Act, 2047, clear provision has been made stating that the treaty ratified by Nepal shall be enforced as equal as national law of Nepal. However, the official who conferred citizenship had patriarchal mindset and behavior, we, applicants, without being able to obtain citizenship by mother’s name, have been deprived of the our constitutional right, right to get identity, right to obtain higher education, right to employment, right to carry out chosen occupation, right to opine freely, right to select place of residence, and right to equality, right of nationality under the international law. Hence, order or command including mandamus, whichever is needed, should be issued on the name of opponent, to provide or get the citizenship provided to us, the victimized petitioners, so as to interpret it by the esteemed Court in connection to the victims like us who are remaining in the country. Moreover, this is an issue 98 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION

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