21. Women comprise of almost half of world’s population however, in Nepal, women are exploited due to the evil practices and usages that men are superior to women. Women are dominated by men. Due to the domination and tradition, women are subject to domestic violence and exploitation. Nepalese society is still traditional. In our society, social, economic, psychological and even sexual exploitation has been made against women, sometimes in the name of religion and sometimes in the name of tradition. Though the Constitution has provided for equal treatment between men and women and ensured equal protection of law, women have not fully acquired equal rights and protection. constitute discrimination against women. Article 5 State parties shall take appropriate measures: 5 (a) To modify the social and cultural patterns of conduct of men and women with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of inferiority or superiority of either of the sexes or on stereotyped roles for men and women. We have to pursue these provisions of CEDAW concerning the protection of women’s rights. 24. Hence, on the basis of the aforesaid reasons and grounds and their analysis, the following orders have been hereby issued in this writ: 22. Notwithstanding the commencement of an inclusive Constitution in Nepal, the provisions of fundamental rights in Part-3 thereof, the extraordinary jurisdiction awarded to this court by the Article 107, and Nepal has become a party to core human rights treaties; due to the lack of education, tradition, misconception, poverty and superstitions, both the exploitation and domination of women from patriarchal society and male have not eliminated in rural areas. When people have to receive any service or has to identify them even in the offices whereby the Government of Nepal delivers service to the people; they have to identify as their guardian to father in case of a child, husband or male relatives of in-laws family in case of wife and only such a relationship gets recognition. This mentality and practice is yet to be extinguished. A glaring example to this predicament is the case of Sabina Damai who has suffered from the patriarchal traditions. 23. The main cause of this plight is the lack of punitive legislation as envisaged by the CEDAW to modify or abolish all types of existing laws, rites, custom, traditions, superstition, conceptions and different evil practices. In this regard, the Court has also issued directive orders, times and again for enacting such punitive laws in this matter. Here, it would be relevant to revert to the following provisions of CEDAW: Article 2 State parties condemn discrimination against women in all its forms agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: 2(f) To take all appropriate measures including legislation to modify or abolish existing laws, regulations, customs and practices which a) From the analysis of the above mentioned constitutional and legal provisions as well as the international treaties and conventions to which Nepal is a party, as it has been proved from the above facts that the petitioner Sabina Damai’s mother Ganga Maya Damai is a Nepali citizen and that the petitioner Sabina Damai is born from Nepali citizen Ganga Maya Damai in Nepal, a writ of mandamus has hereby been issued in the name of respondent District Administration Office to grant Nepali citizenship certificate to the petitioner from the name of mother according to laws. b) As there is an obvious provision in Article 8(2) of Interim Constitution of Nepal, 2007 that Nepali citizenship may be obtained from the name of mother in cases similar to that of the petitioner whose mother is a Nepali citizen but whose father, though Nepali, has not been traced out or even the mother cannot determine who the father of the child is, it is the fundamental and human right of children to obtain citizenship in an easy manner. However, it has not been implemented in practice, so as to ensure that any other person with the cases similar that of petitioner need not move to this Court pursuant to Article 32 and 107 of the Constitution for obtaining Nepali citizenship certificate again, in case a child born in Nepal to a Nepali female who has been proved to be the citizen of Nepal, but whose father’s whereabouts have not been traced out, approaches for obtaining citizenship from the name of his/her mother, it is hereby ordered that upon fulfilling the processes and procedure of Nepal Citizenship Act and Rules, 2006 the citizenship certificate 55 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION