supposed to be discriminated on the basis of matrimonial status. In the conclusion of the second and third periodic reports of Nepal for the sake of the Convention on Elimination of All Kinds of Discriminations Against Women,, the Committee for the Elimination of Discriminations Against Women, Article 9 of the aforementioned Convention on Elimination of all Kinds of Discriminations Against women, and by mentioning the matter that the constitutional provisions made on the issue that women are allowed to provide citizenships for their foreign husbands and children have been inconsistent, also appealed the Party Countries stating to repeal or amend the constitutions for the sake of abolition of the discriminations against women to be present pertaining to the citizenships. naturalized citizenships is a discretionary power of the state, then it shall negatively affect upon the Nepalese mothers and their children, and the children of such mother are likely to be rendered into identity-less and stateless conditions. On the one hand, there is the situation that while being deprived of the citizenships, personal identity, employment, to achieve higher education, to generate income and earn and bequeath properties shall be complicated and to do any fundamental acts, whereas, Nepalese women like me, Sita Devi Adhikari, who have got married to foreign men can provide naturalized citizenships for their children as per the Interim Constitution of Nepal and Nepal Citizenship Act, 2063 and due to not making decisions upon the applications furnished by persons like me, Raju Saiyad Mohammad, of the petitioners, who are children and have the base of obtaining citizenships, the persons are being deprived of the right to live with dignity and are being victimized with other discriminations; hence, livelihood is being carried on in the condition of statelessness. Hence, order including Mandamus whichever is required should be issued on the names of the opponents stating to implement or get the naturalized citizenships implemented in practice, which are to be issued on the basis of the provisions made in Article 8 (7) of the Interim Constitution of Nepal, 2063, Clause 5 (2) (3) of Nepal Citizenship Act, 2063. Moreover, Mandamus order should be issued on the name of Home Ministry stating to make decision or get the decision to confer the naturalized citizenships made upon the application furnished by me, Raju Shaiyad Mohammad, of the petitioners, on the date of 2064/11/29, stating “naturalized citizenship should be granted” as per Article 8 (7) of the Interim Constitution of Nepal, 2063, Clause 5 (2) (3) of Nepal Citizenship Act, 2063, and Rule 7 (1) (3) of Citizenship Rule, 2063, as well as upon the applications of all the applicants who have applied for the naturalized citizenships. The writ petition claimed has been as above. (D) Article 7 of Convention relating to Child Rights, 1979 has ensured the matter that children shall obtain the right of getting registered upon being born and their right of nationality after getting birth. The aforementioned international treaties and agreements ratified by Nepal without any reservations, as well, have mentioned the matter that the state is not supposed to behave differently and to discriminate by classifying in the subjective matters including genders, colors, religions, castes etc. while treating its citizens on the issue relating to nationality and citizenships. Our constitutional and legal provisions as well as the aforementioned treaties and agreements have never imagined of the situation that the person who has permanently settled down upon being born in Nepal shall be deprived of the right to obtain citizenship. However, the act of delay in conferring me the citizenship by the Home Ministry has done the unjustified act of rendering stateless by depriving of the right of obtaining citizenships of including the other persons like me, as well. Such documents are legally mandatory for the Party- Countries. As per Articles 26 and 27 of Vienna Convention on the Law of Treaties, provision has been made that the Partycountries shall have to honestly abide by the treaties, and laying claim stating that abiding by the treaties cannot be done due to the reasons of their national laws. Under the advisory jurisdiction, International Court of Justice has expressed the opinion that international law is supposed to be valid if national and international laws are inconsistent. 1. Preliminary order issued by this Court on date 2068/3/29/4 (Wednesday, July 13, 2011 A.D.) : Send notice on the name of the opponents stating to send affidavits through the Office of Attorney General, and the present case is seen to have included the subject matter relating to naturalized citizenship and is supposed to be decided immediately; hence, submit by awarding preference. 2. It is the responsibility of the Government of Nepal to protect and promote the rights guaranteed by all the aforementioned documents of international human rights relating to citizenships, in which Nepal has become a Party. If conferring or not conferring Descriptions of Affidavits presented on behalf of the opponents, the Government of Nepal, the Office of the Prime Minister and the Council of Ministers : This Office has no any involvement on the issue claimed by the opponent petitioner. Since there 62 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION

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