S. No. Writ No. Decision/ Order Date, Publication No. Name of Plaintiff and Defendant Case Details Summary of the decision Page No. case claim is laid by clearly revealing father’s name and address, it seems that petitioner mother may obtain birth registration of the daughter by becoming informant; hence, it is decided that mandamus order shall be issued on the names of the opponents not to refuse to register the birth simply because the chief person of the family is not present or father refuses to register the birth, and do the works including recommendation whichever is needed as well as registering the birth as per law, if demand is made by revealing the descriptions including the birth for the sake of birth registration. 26 070WO0178 12th December, 2016 Kopila Magar VS Government of Nepal I, Samin Thapa, of the petitioners, am being nurtured, provided with education, health treatment by my mother, Kopila Magar, and I have grown up, raised and been educated under the single mother since I was born. I have not seen the face of the father yet nor have I heard even his name. I, Kopila Magar, of the petitioners, being a single mother of the daughter, have been providing her with patronage. The condition is that I was raped and left out by an identified person and has not been found even upon searching for. We, the petitioners, are the persons deprived of the right to obtain citizenship and to provide citizenship through own name, hence, have come to make a plea for the justice, carrying this writ petition, requesting that mandamus order or other order, command, whichever is needed, for the sake of feeling of the acquisition of justice by guaranteeing equal right to obtain citizenship and to provide own children with citizenship through own name that has been granted by the constitution of Nepal as per 107 (2) of the Interim Constitution of Nepal, 2063. Provision has been made in Article 18 of the Constitution of Nepal regarding the right to equality. The right of Article 18 is a fundamental right to be obtained by all the citizens without discrimination. In Article 18 (1), it is guaranteed that all citizens shall be equal before law and nobody shall be deprived of the equal protection of law. Similarly, the matter that nobody shall be discriminated based on gender has been mentioned in Article 18 (2). In addition to this, in Sub-article (1) of Article 38, provision has been made that every woman shall have the equal lineage right without gender- based discrimination. Successor of the lineage and the right of identity based on this also fall within equal lineage right. it is decided that mandamus order shall be issued on the name of opponent Ward Office to provide recommendation if the petitioner, Samin Thapa, demand recommendation by submitting mother’s citizenship, and on the name of District Administration Office, Kathmandu to provide citizenship by mother’s name as per law if application is furnished including necessary documents. 165 27 071WO0033 23rd January, 2017 Aditya Gupta VS Government of Nepal I should be provided Nepalese citizenship certificate by issuing order command note including mandamus, whichever is needed, on the names of the opponents to provide Nepalese citizenship Naturalized citizenship can be provided to the children, who have permanent domicile in Nepal upon being born in Nepal from the Nepalese citizen woman, who is married to a foreign citizen, if they have not obtained citizenship of the foreign country based on the father’s citizenship is a very sensitive matter linked with personal and national identity of a person; 170