(b) any person whose father or mother was a
citizen of Nepal at his or her birth.
a state party to these international conventions
it is the duty of Nepal to discharge the obligation
according to these International Conventions.
It is so provided in the constitution.
9. In this case, from the written response of the
respondent Kirtipur Municipality it has been
accepted that Kirtipur Municipality has denied
to make recommendation to the petitioner for
obtaining citizenship in the name of father as
it has been obvious from the case file. In such
situation the petitioner has been discriminated
on the ground of sex/gender and marital status
and by denying her recommendation depriving
her from obtaining citizenship certificate
violating the provision of the above mentioned
International Conventions, the provisions of
Article 8(2) of the Interim Constitution of Nepal,
2007 and Section 3(1) of Nepal Treaty Act, 2006
that “ A person born at the time when his/her
father or mother is a citizen of Nepal, shall
be a citizen of Nepal by descent. Such act of
Kirtipur Municipality denying the petitioner to
make recommendation cannot be held legal.
Therefore, the writ of mandamus is hereby
issued in the name of Kirtipur Municipality
to provide recommendation to the petitioner
Nakkali Maharjan to obtain Nepali citizenship
certificate from the name of her father as per her
application. The case file shall be handed over
as per the rule.
6. In Section 3(1) of Nepal Citizenship Act, 2006 it
is provided that “A person born at the time when
his/her father or mother is a citizen of Nepal,
shall be a citizen of Nepal by descent.”
7. According to Article 15 of the Universal
Declaration of Human Rights, “Everyone has the
right to a nationality. No one shall be arbitrarily
deprived of his nationality nor denied the
right to change his nationality. Article 9(1) of
Convention on the Elimination of All Forms of
Discrimination against Women States Parties
shall grant women equal rights with men to
acquire, change or retain their nationality. They
shall ensure in particular that neither marriage
to an alien nor change of nationality by the
husband during marriage shall automatically
change the nationality of the wife, render her
stateless or force upon her the nationality of the
husband. Thus, the convention has provided the
women equal rights with men to acquire, change
or retain their nationality and Nepal has ratified
that convention and has become a state party
to that convention.
8. According to Section 9(1) of Nepal Treaty Act,
1990 “ In case of the provisions of a treaty, to
which Nepal or Government of Nepal is a party
upon its ratification accession, acceptance
or approval by the Parliament, inconsistent
with the provisions of prevailing laws, the
inconsistent provision of the law shall be void
for the purpose of that treaty, and the provisions
of the treaty shall be enforceable as good as
Nepalese laws. As there is such legal provision as
I concur with the above opinion
Honorable Justice Kalyan Shrestha
Done on Wednesday the 4th day of the month of
Baishakh of the Year 2065 (April 16, 2008)
16
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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