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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