the petitioner is qualified to obtain Nepali citizenship certificate upon fulfilling the procedures set forth in the Nepal Citizenship Act, 2006 and Rules thereof. attained the qualification prescribed by the constitution and law for obtaining citizenship certificate and desires to obtain it shall have to fill up an application in the prescribed format, sign on it declaring that the particulars mentioned therein are true and that he/she shall be liable to consequences according to law in case the particular mentioned above proved to be false enclosing the proof that he/she is Nepali citizen. Then the prescribed official has to issue the Nepali citizenship certificate to such person. Article 24(3) of the International Covenant on Civil and Political Rights, 1966 to which Nepal is a party and whose provisions apply on good as Nepalese laws pursuant to Section 9 of the Treaty Act, 1990, has provided that every child has the right to acquire a nationality. Likewise, Article 7(1) of Child Rights Convention, 1989 to which Nepal is a party has further specified that “The child should be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and as far as possible the right to know and be cared for by his parents.” 6. Article 13 of the Interim Constitution of Nepal, 2007 has provided the right to equality. This is a fundamental right granted to all the citizens without discrimination of any kind. Article 13(1) provides that all citizens shall be equal in the eyes of law, and 13(2) has prohibited discrimination on application of general laws on the ground of sex. Therefore, form the grounds mentioned above, there is no dispute on the fact that the petitioner was born in Nepal and that the mother of petitioner is a Nepali citizen who has acquired Nepali citizenship certificate, the petitioner is eligible for obtaining Nepali citizenship certificate although her fatherhood has not been traced out. There also seems no dispute that Nepali citizenship certificate by descent has to be granted to the petitioner if she files an application in the format prescribed in the Schedule 1 and fulfilling the procedures set forth in Rule 3(1) (3) of Nepal Citizenship Rules, 2006. By showing the ground /reason that the whereabouts of her father is not known, denying her granting citizenship certificate does not mean only unequal treatment towards the petitioner but also the violation of her right to Nepali citizenship. 7. Now to consider about the second question, it is found that the petitioner has been denied Nepali citizenship certificate on the ground that the address of her father has not been traced out. Such an act is contrary to the provisions of the Interim Constitution of Nepal, 2007, Nepal Citizenship Act, and Rules, 2006 and international instruments such as ICCPR, 1966, CRC, 1989 and CEDAW, 1979 as well. 8. In the present dispute, the acts of all respondents especially those of the Chief District Officer entrusted with the responsibility of providing citizenship certificate are not only against the Interim Constitution of Nepal, 2007, Nepal Citizenship Act, and Rules, 2006 and international instruments such as ICCPR, 1966, CRC, 1989 and CEDAW, 1979, but also are arbitrary. Chief District Officer is the chief administrator of the Government of Nepal Article 7(2) of Child Rights Convention has provided that “State parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child could otherwise be stateless.” Upon becoming a signatory to Child Rights Convention it is the legal obligation of Government of Nepal to implement the rights conferred by the Convention to children and to save them from being stateless. 4. 5. Citizenship is of paramount importance for every person. The citizenship certificate alone can identify a person as a citizen of a certain country. A person cannot become citizen only by his/her long residence in a particular country and without obtaining citizenship certificate he or she cannot enjoy political rights. In order to enjoy economic and political rights, and to identify someone as citizen, the citizenship certificate is indispensable. A citizenship certificate is awarded only to the persons who have attained the qualification determined by the constitution and law. Despite a long residence in the country, no one can become a citizen unless he/she is qualified for acquiring citizenship as determined by constitution and laws. Various rights such as the right to enjoy fundamental rights, to assume public office, to exercise political rights, right to enjoy social security, right to adult franchise, etc. are conferred to the citizens by their State. Political rights cannot be granted to other persons. In such significant and sensitive issues, a State cannot render equal treatment between its citizens and the persons who have not acquire the certificate irrespective of their longer residence in the country. The person who has 50 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION

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