11 (2) (B) and Article 12 of the Constitution
of Nepal, Clause 3 (1) of the Citizenship Act,
2063, Rule 3 (1) of Citizenship Rule, 2063, and
has been against Article 15 of International
Human Rights, Article 24 of International
Covenant on Civic and Political Right, 1966,
Article 7 of Convention on the Rights of the
Children, including Article 9 of Convention
on Elimination of all forms of Discrimination
Against Women, 1979; hence, order an
command including mandamus, whichever is
needed, should be issued to provide citizenship
by mother’s name as per law and to provide
citizenship by descent by mother’s name so as
to be interpreted in connection to the victims
like us across the country. Joint writ petition
of the writ petitioners, Kriti Thapa and Kabita
Thapa, of the date of 2072/10/7 (January 21,
2016 A.D.) reads as above.
2.
Order of this Court issued on date 2072/10/17
( January 31, 2016 A.D.), stating to submit
affidavit within 15 days as well as grant
prerogative.
3.
From her writ petition, it is clearly seen that
application was not submitted by fulfilling
the process as per Nepal Citizenship Act, 2063
and Citizenship Rule, 2063 along with the
recommendation of the Ward Office concerned
for the acquisition of the citizenship; hence,
citizenship certificate shall be provided for the
Nepalese citizen who submits application to
this Office to obtain citizenship certificate by
fulfilling legal process; hence, the petitioner
has not furnished application to this Office;
in this condition, the wit petition furnished
by making this Office an opponent should be
revoked. Affidavit of Chief District Officer of
Kathmandu, Ram Krishna Subedi, of the date
of 2072/11/3 (February 15, 2016 A.D.) reads as
above.
4.
By going to the place of permanent residence,
in the condition of the name, surname and
address of the father known, due to what, by
what reason it was difficult for the petitioner
to go to the District Administration Office
carrying along the recommendation of the
local body concerned; the petitioner has
not explained anything towards this. In
Citizenship Act and Rule, the liability to fulfill
the documents to be submitted to obtain
citizenship lies to the writ petitioner; hence,
by fulfilling procedure prescribed, while going
to District Administration Office along with
the documents determined by the act and law
to be submitted, all the acts and actions shall
be done from there; hence, the writ petition
furnished by the petitioner by making this
Ministry an opponent should be revoked.
Affidavit of the Secretary of the Ministry of
Home Affairs, Narayan Gopal Malego, of the
date of 2072/11/16 (February 28, 2016 A.D.)
reads as above.
5.
The opponent had never said, by coming
to the Office of K.M.C., Ward No. 5, that
recommendation for the citizenship was to be
made, and child’s birth registration is needed
for the sake of obtaining citizenship; without
submitting that, the writ petition furnished
by mentioning unnecessary law should be
revoked. Affidavit of Administrative Chief Om
Prakash Paudel of the Office of K.M.C., Ward
No. 5, of the date of 2072/11/19 (Marh 2, 2016
A.D.), reads as above.
6.
No affidavit from the opponent, the Office of the
Prime Minister and the Council of Ministers,
has been received.
7.
In the present case that has been submitted
today before the Bench by being inducted
to the daily cause list as per rule, documents
evidence attached to the document file have
been studied. Learned advocates Ms. Meera
Dhungana and Mr. Sushma Gautam, present
on behalf the petitioners pleaded stating that
there was no dispute that the petitioner, Kriti
Thapa, was a daughter of a Nepalese Citizen,
Kabita Thapa. Since father disappeared, Kriti
Thapa furnished application to the opponents,
K.M.C., Ward No. 5 and District Administration
Office to get citizenship by mother’s name by
fulfilling the process of the Constitution of
Nepal, Clause 3 (1) of Nepal Citizenship Act,
2063, Rule 3 (3) of Nepal Citizenship Rule,
2063, but the opponents, Chief Administrator
of the K.M.C., Ward No. 5 and Chief District
Officer refused, refused to be provided with
citizenship by mother’s name, stating that
citizenship had to be received only from the
name of the father’s address and father’s name;
hence, this Kriti Thapa has been compelled to
live without citizenship in stateless condition
and has been deprived of the constitutional
right to get citizenship including the legal right
to be obtained as a citizen. The aforementioned
act of the opponents is against the Constitution
of Nepal, Nepal Citizenship Act and Rule, 2063
including international documents of which
Nepal was a party. Hence, necessary order
should be issued on the name of the opponents
so as to be interpreted that the petitioner
Kriti Thapa and the victims like her should be
provided citizenship by mother’s name.
8.
Learned joint attorney Mr. Dashrath Pangeni,
present on behalf of the opponent including
the Government of Nepal, pleaded stating
120
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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