them. From the written responses, it is seen that those that Government of Nepal and the Chief District Officer who are the authorities to issue citizenship certificates are ignorant of these constitutional legal provisions. They are still of the ancient concept/ mindset and mentality that a child can obtain citizenship only from the name of his/her father. Contrary to the provisions of Articles 13(1) and 20(1) of Interim Constitution of Nepal, 2007 as well as the provisions of ICCPR, 1966, CRC, 1989 and CEDAW, 1979 that women have equal rights with men in all areas and aspects such as familial, economic, social, political, domestic and other sectors the Chief District Officer has been influenced from the male dominated practices, tradition and norms etc. sustained in society. The act of Chief District Officer declining to issue citizenship certificate to the petitioner on the ground that her father has not been traced out shows that even the Chief District Officer who is the head of a district has not been able to make himself free from the old traditions and usages against women. Therefore, such traditions and usages have to be abolished. Now, it seems expedient to quote some of the superstitious conventional practices pejorative to women, deny their existence equal with men consider them inferior to men, practice discrimination and exploitation show disrespect and derogate them. and evil values were so formidable that the women have to experience a tradition as much cruel and inhumane as Sati which was against the right to life of women. That era of history or period when the Sati Tradition was not abolished, has to be taken as a barbaric period in regard to the right of women. Sati custom is a tradition against humanity and civilization. Now, even if we express as much tributes that shall not suffice for those women who had been victim of that evil practice perished in the name of Sati. Therefore, the evil practices, conceptions, traditions and norms which are still in existence have to be completely eliminated. 20. It will be a great respect and tributes to our ancestor women who had had sacrificed themselves by burning themselves in the name of Sati Custom if we are able to eradicate the evil custom, tradition and usages which are still prevalent in our society as the remnants of discrimination against women. Though the Constitution has provided right to equality to women like men and right against any kind of discrimination by virtue of sex and international instruments relating to human rights like ICCPR, 1966, CRC, 1989 and CEDAW, 1979 have conferred different rights to women, women are still exploited and suffered from discrimination due to evil traditions, custom and practices, usages and conceptions. For instance, in some of the parts of Nepal women are not permitted to live in the house at the period of menstruation and maternity and they have to live with animals in cow-sheds. There is a belief that widow should not appear when someone is going to start a journey, there are evil practices like Kamlari and Chhaupadi and the custom that women have to take fasting in the name of husbands during special festivals and the practice of alleging women of practicing witchcraft. Such types of various customs and practices discriminating and exploitative to women are prevalent in the name of traditions, culture and practices. They are yet to be eradicated. Despite the clear legal provision that if either of the father or mother of a person is a Nepali citizen and he/she is born in Nepal can obtain Nepali citizenship certificate even if his/her father has not been traced out, the petitioner Sabina Damai and her mother Ganga Maya have been deprived from Basic Human Rights like the right to obtain citizenship certificate because the representative of the state like Chief District Officer have been influenced from the hangover of the superstitions, customs and practice that man is superior than woman. 19. While going through our history, not only exploitation and injustice has been made against women by depriving them from enjoyment of social, political and economic rights from centuries but also they were used as required because they are weaker sex. Women were raped, exploited and then abandoned due to which even the capable women could not utilize their knowledge and skill consequently they could not become independent. Women occupy half of the population of any country and they have rendered significant contribution in political movements and building national economy, family and household economy in particular. However, women cannot get their share in proportion to their contribution and they are forced to live an inhumane and undignified life without any wrong doing. Though women are also human beings like men and third gender, women were treated as inferior to men and used as a commodity which could even be bartered or sold. Even such an injustice was done against women that they were compelled to die along with their husbands in the name of evil Sati custom. Those evil practices, custom, superstitions 54 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION

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