dispute that being a Nepalese citizen, Sabitri
Shrestha, the petitioner’s mother, she was born
in Kathmandu district, Kirtipur Municipality,
Ward No. 1 on date 2030/5/6 (August 22, 1973
A.D.) and citizenship certificate of C.C.No.
538 was issued on her name by District
Administration Office, Kathmandu on date
2056/7/16 (November 02, 1999 A.D.); hence,
the petitioner is seen to have been a qualified
person to obtain citizenship certificate of Nepal
if he fulfills procedure prescribed in Nepal
Citizenship Act and Rule of the same.
migration deed and spot investigation evidence
document; if citizenship certificate of Nepal is
not issued to the petitioner, here it is seen the
condition of breaching of the fundamental
right of not just the petitioners but of his
mother, Sabitri Shrestha. It is seen that the
opponent, District Administration Office has
not heeded towards the matter that such act of
discrimination meted out upon women based
on gender shall kidnap the right to equality of
women.
14. From this Court, on the writ petition having
including Sabina Damai versus the Government
of Nepal (Writ No. 2067-WO-0703 N.L.M. 2068
D.No. 8557 Number 2 Page 247), mandamus
is seen to have been issued by this Court on
the name of District Administration Office to
provide citizenship by mother’s name as well.
After that, the affidavit of the Office of the Prime
Minister and the Council of Ministers appears
that decision was made on the writ petition
having including Laxmi Lama versus the
Government of Nepal (Writ No. 2070-WO-0817)
that through the letter of the date of 2068/3/6
(June 20, 2011 A.D.), it was sent by writing to
the ministry of Home Affairs for the sake of
implementation, and from Ministry of Home
Affairs has made circulation through the letter
of the date of 2068/5/5 (August 22, 2011 A.D)
to all District Administration Offices and the
bodies concerned. Similarly, in the writ petition
having including Bhola Nagarkoti versus the
Government of Nepal (Writ No. 2069-WO-0880)
also, it was issued by this Court that citizenship
should be provided by mother’s name as well.
The decision made on the petition of Ranjita
Thapa has been mentioned above. Thus, it
is also seen that the matter that citizenship
can be obtained by the name of Nepalese
citizen mother has already been established.
Since the petitioner’s claim is that citizenship
should be obtained by mother’s name, the
matter where the father has gone or what has
happened is seen as irrelevant. Though there
is provision that citizenship can be obtained
by mother’s name, to deprive the petitioner
of the citizenship is considered as an act done
against the law. The official having legal right
shall have to fulfill his/her duty. Not to do
so appears not just against equality but also
contrary to equity. It seems essential to look into
this subject matter by the opponent Office itself
by being sensitive since the petitioner has said
that he has furnished application to District
Administration Office, Kathmandu.
11. Citizenship certificate identifies a person
as a citizen of a particular country. Without
becoming a citizen, political rights cannot be
used. Citizenship certificate is very necessary
to use political and economic rights and to
identify as a citizen. State provides various
fundamental rights to its citizens such as using
fundamental rights, obtaining employment,
taking up public posts, using political rights,
obtaining social security, casting votes. Political
rights are not obtained by persons other than
the citizens. Citizenship is a very sensitive issue
linked with personal and national identity
of a person; hence, it is not just to trouble a
person posing tiny hurdles of procedure in the
condition that he/she is a citizen.
12. There are provisions regarding the right to
equality made in Article 18 of the Constitution of
Nepal. The right of Article 18 is the fundamental
right to be obtained by all the citizens without
making discrimination. In Article 18 (1), it is
guaranteed that all the citizens shall be equal
before law and no person shall be denied the
equal protection of law. The matter that no
person shall be discriminated on the ground
of sex has been mentioned in Article 18 (2). In
addition to this, in Sub-article (1) of Article 38,
there is the provision that every woman shall
have equal lineage right without gender-based
discrimination. Successor of the lineage and
equal right of identity shall fall within equal
lineage right. However, present petition was
filed when the Interim Constitution of Nepal
was effective; but here seems no ground and
reason that the petitioner shall not obtain the
rights conferred by new Constitution or the
Constitution of Nepal.
13. Though the matter that the petitioner’s
mother, Sabitri Shrestha (Bishwas), is a citizen
of Nepal is being justified by her citizenship
certificate of Nepal, this petitioner is staying
at maternal uncle’s house because his father
was disappeared, and father has not obtained
citizenship certificate, father has no other
brothers, and even upon submitting the
Hence, from the aforementioned ground and
reason, in the present petition, the matter that
127
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