shall be issued to him/her from the name
of mother in a easy manner. A directive
order is also hereby issued in the name
of respondent Ministry of Home Affairs
to circulate this decision to all the Chief
District Officers nationwide.
c)
d)
or address has not been traced out,
non availability of father. Hence, all
the custom and traditions that deny
the very existence of women have to
be eliminated. Therefore, a directive
order is hereby issued in the name of
respondent Office of Prime Minister and
Council of Ministers to raise necessary
public awareness for eliminating such
traditional custom, culture and practices
by launching programs of education and
public sensitization.
CEDAW has provided that all the evil
practices, traditions and customs which
discriminate against women have to
be condemned and eliminated by
formulating appropriate law if necessary
to eliminate those evil practice, tradition
and customs. Therefore, a directive
order is hereby issued in the name of
respondent Ministry of Home Affairs to
frame laws if so required and to undertake
the necessary and effective measures to
eliminate such evil practices, traditions
and customs which are still prevailing in
Nepali society.
25. The notice of this order shall be served to the
respondents through the Office of Attorney
General. Moreover, as the subject of this
dispute pertains also to women’s rights, the
notice of this decision shall also be served to
the Government of Nepal, Ministry of Women,
Children and Social Welfare and National
Women Commission although they have not
been respondents. The case file shall be duly
handed over after writing off its record from
the registry.
In case all the evils customs and traditions
which put men as superior to women and
women as inferior to men in the name
of religion, culture and tradition are not
abolished, the patriarchal mindset shall
prevail which shall continue to hinder
obtaining citizenship and other facilities
for the petitioner and other persons
similar to that of the petitioner who
has not been able to obtain citizenship
certificate because of lack of address
I concur with the aforementioned opinion.
Justice Mr. Bharat Raj Uprety
Done on Sunday, the 15th day of the Month of the
Year 2067 (27th February, 2011)
Bench Officer: Mr. Upendra Prasad Gautam
56
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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