2020 B. S. (1963/64 A.D.) and after staying together with the husband in Silang, I have been residing by arriving at Bhandara V.D.C. of Chitwan District since 2024 B.S. (1967/68 A.D.). In this situation, my eldest son, Raju Mohammad (Shaiyad) was born on the date of 2025/3/2 (June 15, 1968 A.D.). We, husband and wife too, have been continuously residing along with the family since 2028 B.S. (1971/72 A.D.) by arriving at Bhandara V.D.C., Ward No. 1. prevailing law.” Likewise, Article 13 has conferred the Nepalese citizens the rights relating to equality. Instead of being provided with the citizenship, unequal treatment has been exerted upon me. Clause 5 (2) (3) of Nepal Citizenship Act, 2063 has continued the aforementioned constitutional provision. As per the aforementioned constitutional and legal provision, a person born from a Nepalese mother and a foreign father can obtain naturalized citizenship, whereas, on the other hand, making a provision that a child born from a Nepalese father and a foreign mother shall be a citizen on the basis of descent, by making a woman’s matrimonial status a base, women are deliberately deprived of the right of equality of being allowed to get their children provided with citizenships; moreover, without providing any information upon the application furnished as per the present constitutional and legal provisions, we, the petitioners, have been made the captives of indecision due to the act of the opponent to keep it in status quo, without making any decision. In the data up to the date of 2067/7/25 (November 11, 2010 A.D.), though 134 applicants, like me, Raju Mohammad, also have furnished applications in order to obtain naturalized citizenships; the aforementioned fact is justified with the government’s making no decision till present. The treaties and agreements ratified by Nepal by being Nepal a Party are found to have realized the right of citizenship as a human right. In this context, the following provisions are seen as special importance: Meanwhile, my husband died on date 2045/2/5 (May 18, 1988 A.D.). Though the children, born after matrimonial relationship of a Nepalese citizen, who have obtained Nepalese citizenship, with a foreign man, have the right to obtain naturalized citizenships as per Article 8 (7) of present Interim Constitution of Nepal, 2063, Clause 5 (2) (3) of Nepal Citizenship Act, 2063 and Rule 7 (1) (3) of Citizenship Rule, 2063, due to the reason that the Government of Nepal, Home Ministry has postponed the aforementioned process of conferring the citizenships, without providing any written notice, I, the applicant, Sita Devi, have been deprived of the right to get my children provided with Nepalese citizenships. Of the applicants, I, Raju Saiyad Mohammad, was born in Chitwan District, Bhandara V.D.C., Ward No. 5, Padariya, have been continuously living at the same place up to now, and have got education and instruction, and have been exercising the right of voting without obstructions. On date 2064/11/6 (February 18, 2008 A.D.), after fulfilling all the legal processes from District Administration Office, Chitwan, the application, which I had furnished to obtain the Nepalese naturalized citizenship as a child of Nepalese citizen mother and foreign father, was presented in the Home Ministry on date 2064/11/29 (March 12, 2008 A.D.) for the sake of decision. Since Home Ministry has not made any decision for a long time on the issue of whether I am or am not supposed to obtain Nepalese citizenship, improper restriction has been put up upon the constitutional right conferred by the present Constitution and the legal right conferred by Nepal Citizenship Act. Besides the right of employment of mine, the applicant’s also, I have been deprived of the rights of personal identity and other basic rights of human rights also, including the right of acquisition, possession, purchasing and selling of properties. (A) Stating that each person has the right of citizenship, Universal Manifesto Relating to Human Rights, 1948 has made the provision stating that no person shall be deprived of the right of citizenship wantonly. (B) Article 24 of The International Convention on Civil and Political Rights, 1966, has made the provision that each child shall have the right of nationality after it is born. Moreover, Article 16 of the aforementioned Convention stating that each person shall have the right to obtain recognition as a person everywhere before the law, Article 26 of the aforementioned Convention has mentioned the matter of guaranteeing the effective protection against inequality. In Sub-Article (7) of Article 8 of the Interim Constitution, 2063, there is a constitutional provision as “Despite whatever has been written elsewhere, in connection to the person born from a Nepalese woman who has got married to a foreign person if he/she has permanently settled down in Nepal upon being born in Nepal and if he has not obtained the citizenship of the foreign country on the basis of father’s citizenship, he/she can obtain naturalized citizenship of Nepal as per (C) Sub-Article (1) of Article 9 of the Convention on Elimination of All Kinds of Discriminations Against Women, 1979 has ensured the right of the women to obtain their original nationality due to marriages or any other reasons as same as men. For the sake of acquisition and termination of the citizenship, this Convention has realized the matter that women are not 61 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION