to provide recommendation saying that citizenship could not be issued by retaining Khanal surname, that while obtaining citizenship by mother’s name, recommendation could be provided only by the surname of the mother’s citizenship (Shikari). clear provision that if any one of father or mother of a person is a citizen of Nepal, such person shall be a citizen of Nepal; but, I, the petitioner, have been deprived of obtaining citizenship simply because the father of mine, Gopal Khanal, has been disappeared; hence, severe injustice has occurred. Due to the carelessness of the opponents, situation has emerged to disappear my identity. Khanal surname has been mentioned in all the school certificates of the son; hence, in order to obtain citizenship certificate from Kathmandu, replica copy of the father of Gopal Khanal, of the petitioner, was said to have been required; hence, upon searching out all the documents possessed by me, I was successful to find an identity card in which his Citizenship No. 3640 was mentioned. After that, when I demanded from District Administration Office for a replica copy of the citizenship by mentioning his citizenship certificate, upon demanding the replica copy of the citizenship of Badri Prasad Khanal, District Administration Office informed that No. 3640 C. record of date 2025 (1968/69 A.D.) had been tattered and torn off. Thus, the husband, who went away leaving behind the wife and the son when Gopal Khanal, of the petitioners, was just 3 years old, has not yet come into contact, and Ward Office has not made recommendation either, stating that his father’s citizenship certificate is required for the sake of making citizenship certificate of the son, and even upon going to ask for the replica copy of the husband’s citizenship certificate, it also could not be obtained from District Administration Office; hence, condition has appeared for the son to be deprived of very basic human rights such as education, employment, property acquisition, identity and nationality; I have arrived to submit this writ petition to the esteemed Court for the sake of their protection. In Rule 3 (1) of Citizenship Rule, 2063, the Nepalese citizen who is over 16 and who wants to obtain Nepalese citizenship certificate, can furnish application before the District Administration concerned by attaching with it the Nepalese citizenship certificate of his/her father or mother or the relative within three generations, and recommendation exposing birthplace and relationship made by the local body concerned or replica copy of birth registration certificate, after the process of Schedule 1 is fulfilled; the oral order that citizenship would not be provided simply because the citizenship was to be obtained by identifying by the mother, upon holding patriarchal mindset, value and norm against the provision retained including in the Constitution and law severe injustice has occurred by inflicting damage upon the constitutional, legal rights of ours, mother and son, the petitioners, conferred by international treaties. The condition has emerged to disappear the identity of mine, Gopal Khanal, due to the aforementioned order, and I have to be deprived of the rights to be obtained from the state by a citizen upon being compelled to live in stateless condition. Right to citizenship has been offered to every person by Article 15 of Universal Declaration of Human Rights (UDHR), 1948. There is the provision that nobody shall be deprived of his/her right of citizenship gratuitously. As per Article 24 of International Covenant on Civic and Political Rights (ICCPR), 1966, every child shall be registered immediately after birth and shall have a name; every child has the right to acquire a nationality. Article 9 (2) of Convention on Elimination of all Kinds of Discrimination Against Women (CEDAW) has made the provision that state parties shall grant women equal right with respect to the nationality of their children; and according to this, provisions have been made in our Constitution and law as well; but injustice has occurred by defining the right to provided citizenship as descent in fabricated manner, by depriving of the right of a person to obtain citizenship or the right to obtain identity. There is the provision in Article 7 of Convention on the Rights of Children that the child should be registered immediately after birth, and shall have the right, from birth, to a name, the right to acquire a nationality and as far as possible, the right to know and cared for by his/her parents. The provisions of the aforementioned treaties and conventions, My mother, Jayanti Shikari (Khanal) is working for my, Gopal Khanal, of the Petitioners, nurture, education and health treatment as well. Father left when I was small; hence, mother has worked hard for giving birth, raising, and including educating me. My father is not together with us. Hence, I want to obtain and make my identity by mentioning my father’s name in citizenship and identifying by mother. The basic structure of the laws relating to citizenship is the Part 2 of the Interim Constitution of Nepal, 2063. In Article 8 (2) (B) under the aforementioned Part of the Constitution, there is the provision that “If father or mother of a person was a citizen of Nepal at the time of his/her birth, such person shall be a citizen of Nepal by descent.” Similarly, there is the provision congruent to Constitution in the Sub-clause (1) of Clause 3 of the Nepal Citizenship Act, 2063. We, the writ petitioners, are the complete Nepalese citizens. Both the parents of mine, Gopal Khanal’s, of the petitioners, are Nepalese citizens. Constitution and law have made 109 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION