Even if the identity is revealed, there is a provision in the bill that the child may not want to write the name of the father who has been out of contact for a long time or who has not fulfilled his responsibilities in the citizenship.
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The government has taken the bill to parliament to amend the law to make the process of acquiring citizenship under the mother's name easier. The bill to amend the Nepal Citizenship Act, 2063 was registered by the Ministry of Home Affairs in the House of Representatives. In particular, the Citizenship Act is being amended to make it easier for the children of single mothers to obtain citizenship.
There is a provision in the bill to grant citizenship to those who were born abroad to a Nepali mother and settled in Nepal. "A person who was born abroad to a mother who is a citizen of Nepal and resides in Nepal, who does not have a foreign citizenship or passport and whose father is not identified, will be able to obtain a recognized Nepali citizenship if he self-declares as prescribed," the bill states.
Some Nepali women who have gone to work abroad have given birth to children through contact with foreign nationals in a forced environment. Such children are not able to get citizenship in Nepal due to the fact that the father's identity is not revealed. Bharatmani Rizal, head of the Law Division of the Ministry of Home Affairs, said that a proposal to amend the law has been brought to address the problem of children of missing foreign fathers but Nepali mothers not getting citizenship.
A provision has been made in the bill that a person who does not want to mention the father's name, surname and address in the citizenship certificate can also do so. By adding (1A) to Section 8 of the Act, the bill provides that 'if a person does not want to mention the name, surname and address of his father in the citizenship certificate, the Nepalese citizenship certificate issued to such a person shall be issued without mentioning the father's name, surname and address in the place where the father's name, surname and address should be mentioned'. .
Even if the identity of the father is revealed, the law is going to be amended to give the right to the child to write the name of the person who has been out of contact for a long time or who has not fulfilled the responsibilities of the father in the citizenship. Rizal, the head of the Law Division of the Ministry of Home Affairs, said that an amendment to the Citizenship Act has been proposed due to an order from the Supreme Court in this regard. In various cases, the Supreme Court has ordered to provide the citizenship certificate of the offspring in the name of the mother in cases where the father is out of contact or there is no information about him.
A provision has been made in the bill that citizenship can be issued in the name of the mother even if the father's name is mentioned in the birth certificate or educational qualification certificate of a person but his father is not currently in contact. Even though the father's name is mentioned in the birth certificate or certificate of educational qualification or any other certificate of a person, if he self-declares that his father's other identity is not disclosed and he is not currently in contact, such person's father will be considered as unknown and he will get the citizenship of Nepal on the basis of descent according to sub-section (5). It is said in the bill. Article 3 of the
Act provides that a person born in Nepal from a mother who is a citizen of Nepal and residing in Nepal and whose father is not identified can obtain Nepalese citizenship on the basis of descent. The municipalities do not register the birth without the father's name. The father's name was written in the birth certificate, but he is not in contact, he has not fulfilled the responsibilities of the father, an amendment to the law has been proposed to remove such a situation,'' said Joint Secretary Rizal, head of the division.
In a case where the father's name was written in the birth certificate of a virgin mother but the father was out of contact and the child never met the father or the father never met the child, the Supreme Court ordered to grant citizenship in the name of the mother. Amendments to the Act are also sought to include the order of the Supreme Court.
It is being tried to amend the Act to facilitate the acquisition of citizenship for the children of people who have acquired citizenship by birth. The Citizenship Act provides that the children of citizens who have acquired Nepalese citizenship by birth before 3rd October 2072, if both their father and mother are citizens of Nepal, after they reach the age of 16 years, they will be granted Nepalese citizenship by descent. Due to the mandatory provision of the law that both father and mother should be Nepali citizens, some people have difficulty in obtaining citizenship.
The Act is being reformed to address it. A proposal has been made in the amendment bill to grant citizenship to the children of one of the fathers or mothers who have acquired Nepali citizenship by birth and who died before acquiring citizenship by the birth of the other or whose mother has no contact.
Co-Secretary Rizal said that due to the provision of the law that both father and mother should have citizenship, some people have problems in obtaining citizenship and the court has also ordered that it be revoked. "If for some reason one of the mother and the father has obtained citizenship by birth and the other has not, this amendment will open the way to obtain citizenship even in such a situation," he said.
There is a provision in the bill that the minor's identity card will also be issued in the mother's name. A provision has been made in the amendment bill that minors who have not reached the age of 16 years and whose father or mother has at least one Nepali citizen can be provided with a minor identity card as prescribed by the designated authority.
"The bill tries to address the practical problems seen in obtaining citizenship and the orders made by various levels of courts," said Joint Secretary Riza, "After the bill becomes a law, most of the problems seen in citizenship matters will be solved."
