both the man and woman have guaranteed the
right to provide citizenship. Thus, international
treaties, agreements and our Constitution and law
have offered the right to the mother to provide
citizenship; however, the opponents have done
injustice to me, the petitioner mother, by trying to
make my child, who wants to obtain identity from
my name, stateless.
time limit expired by sending summon notice on the
names of the opponents stating to submit affidavits
within 15 days excluding journey time of the road
from the date of this order received, along with the
ground and reason if the order is not supposed to be
issued. Moreover, upon looking into the content of
the petition, it is seen appropriate to quickly finalize
the writ; hence, give first priority as per Rule 63 (3) of
Supreme Court Rule, 2049. Order of this Court, of the
date of 2072/3/21 (July 6, 2015 A.D.), reads as above.
It has breached the Article 9 (2) (B), Article 10,
Article 12 (1), Sub-articles (1) (2) (3) of Article 13,
Sub-articles (1) (3) of Article 20 of the Interim
Constitution of Nepal, 2063, Articles 1, 9, 9 (2) Subarticles (1) and (4) of Article 15 of Convention on
Elimination of all kinds of Discrimination Against
Women, Article 16, Sub-article (4) of Article 24,
Article 26 of International Covenant on Civic
and Political Rights, 1966, Article 15 of Universal
Declaration on Human Rights, 1948, Article 1 of
Convention on Reducing Statelessness 1961 and
Clause 3 (1) of Nepal Citizenship Act, 2063 etc.
Regarding the issue of providing citizenship of
Nepal by mother’s name, upon the writ petition of
Writ No. 0703 of the year 2067 B.S. having including
Sabina Damai versus including this Office, directive
order was issued by the Supreme Court on date
2067/11/15 (February 27, 2011 A.D.) on the name of
the Ministry of Home Affairs to arrange necessary
provisions by issuing circulation on the names of
all the C.D.Os. nationwide to provide citizenship
of Nepal to the petitioner by mother’s name as per
law easily provide citizenship certificate by mother’s
name by fulfilling the rule and procedure of Nepal
Citizenship Act, 2063 and Rule of the same when
the children born in Nepal from Nepalese citizen
mother; and for the sake of implementation of this, it
was sent by writing to the Ministry of Home Affairs,
and a letter for information that 3 points circulation
was made to all the District Administration Offices
through the letter of D.No. 147 of the date of
2068/5/5 (August 22, 2011 A.D) of the Ministry of
Home Affairs, has also been received; hence, there
is no condition to issued order from the esteemed
Court; hence, writ petition should be revoked.
Affidavit of the Government of Nepal, Office of the
Prime Minister and the Council of Ministers reads
as above.
I, Jayanti Shikari (Khanal), of the petitioners, have
been providing patronage upon being single mother
of the Gopal Khanal, petitioner son; and as per clear
provisions to give identity by providing citizenship
to my children by identifying by me, the petitioner
mother, pursuant to Article 8 (2) (B) of the Interim
Constitution of Nepal, 2063, Clause 3 (1) of Nepal
Citizenship Act, 2063, Rule 3 (1) of Citizenship Rule,
1.2 of (2) of Chapter 2 of Citizenship Certificate
Distribution Procedure Directives, order, command
including mandamus, whichever is needed, should
be issued to provide citizenship certificate by
descent by identifying my son by me, the petitioner
mother. Moreover, my right to obtain and make
identity by mentioning father’s name and by
identifying by mother as per constitutional and
legal provisions by has been ensured to me, Gopal
Khanal, of the petitioners; hence, order, command
including mandamus, whichever is needed, should
be issued to provide citizenship by identifying by
mother.
Writ petitioner is found to have been unable to
mention any where in his/her petition regarding
what, what kinds of acts, actions or decisions of
this Ministry have breached what, what kinds of
the constitutional and legal rights; hence, there
is no ground and reason to make this Ministry as
opponent; the writ petition should be revoked.
Affidavit of the Government of Nepal, Ministry of
Federal Affairs and Local Development reads as
above.
There are hundreds of thousands of Nepalese across
Nepal, like me, who have been the victimized upon
being without citizenship. By issuing mandamus
to make interpretation in connection to them as
well, order should be issued on the names of all
the District Administration Offices through the
Ministry of Home Affairs and on the names of all
the V.D.C. Offices, Offices of Metropolitan Cities, Sub
Metropolitan Cities, Municipalities and their Ward
Offices across the country through the Ministry of
Federal Affairs and Local Development to make
circulation for the sake of implementation of the
aforementioned order. Petition claim reads as above.
The issue regarding providing citizenship does
not fall within the scope of this Ministry; hence,
the writ petition filed by making this Ministry, an
unrelated body, an opponent is seen to have been
meaningless, hence, should be revoked. Affidavit of
the Ministry of Law, Justice, Constituent Assembly
and Parliamentary Affairs reads as above.
The issue relating to citizenship is not the issue
of the jurisdiction of this Ministry, but of the
jurisdiction of the Government of Nepal, Ministry
of Home Affairs; hence, the writ petition should be
What has happened on this? Why is not the order
supposed to be issued as per the writ petition claim?
Submit as per rule after the affidavits furnished or
110
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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