Farida's suffering and citizenship

Farida's father Inamulla Miyan was a local resident of Kathmandu Bagbazar and she was married to Amina Miyan of Panauti. Baghbazar land, where Inamulla lived till the 18th generation, was given as dowry to his mother (Shayida Bibi, who was Farida's grandmother) by her in-laws. Where Inamulla's two children still live in the same house in Ward No. 28.

I met Farida about a year and a half ago. She confided in me all her problems. I was eager to hear what he had to say. And decided to fight the case in his favor. Farida was born as the daughter of Inamulla in Kathmandu Metropolitan City-28, Bagbazar in the year 2024. Inamulla got his children married during his lifetime. In Nepali society, it was not customary to ask daughters when they got married, maybe that's why Farida's father did not take Farida's consent when getting married, he didn't think it was appropriate to ask. Thus Farida got married to a stranger. Farida still feels like a dream. His face turns pale as he remembers the past. That is why even today he has to give a declaration of his marriage every time.

When she climbs the stairs of the district administration office Kathmandu and reaches the office of the officials there. The same question will start to her, which she has become restless many times. The question of which country her husband was a citizen haunts her again. A question he doesn't have an answer to and never will. He has a firmness, 'Why do I get asked this question again and again. I have been embarrassed by this same question many times. I have become najwaf.' while she doesn't even know. That moment is like zero for Farida because Hakeem is not alone in asking. The office is very busy and full of other employees. This question is asking for identity of a person and identity of a citizen. He is a citizen of this country. He has citizenship, his father has citizenship, he also has a small piece of land. But the only mistake is that he was born on this earth as a woman!

Nazwaf Farida says, 'Today I am realizing how much I have been cheated. I have no idea what country the man with whom I spent 29 years was a citizen. I have said this thousands of times and today I can stand and say it in public. I have no shame in that. I also want to ask a question to those who question me, how many times should a woman submit proof of her identity and existence? Do I not exist? As a woman, do I not have the right to live with my dignity and that of my 6 children? Who will answer this for me? My father got married. There is no question of me leaving my country for marriage. There is no question of me giving up my nationality. He was probably an orphan, because he never talked to me about his family. Nor did I ever ask him.'

Farida stayed in her father's shelter after marriage and her husband also started living with Farida. Days passed. Farida gave birth to and raised 6 children. Her husband was a general tailor. Since then, Farida's family's Zenten life continued. Her husband's health was deteriorating. He became seriously ill for a long time and died after some time of treatment. Today, 15 years have passed since the death of Farida's husband. After the death of her husband, the responsibility of running the household and raising the children fell on Farida's shoulders.

was not happy without working and she did small jobs at the local level. She became socially active. In 2062, she was elected unopposed as a female ward member of Kathmandu Metropolitan City-31. After this, she also played an active role in the second mass movement of 2062/2063. However, she says with great pain that the Nepalese government has not been able to respect women. My brother and I are children of the same Nepali parents. My brother is allowed to marry freely, he has the right to give his children a national identity. But I do not have any rights enjoyed by my brother or a Nepali citizen. I cannot exercise those rights unfettered. Am I really a second-class citizen?'' he asked.

Nine months have passed since the decision of Farida's petition filed in the Supreme Court to get citizenship. It has become Farida's daily routine to go to the district administration office with the verdict and the recommendation of the ward. But the CDO's question is not over, Farida has no answer. Recently, she has also been asked - 'Bring the proof of which country your husband is a citizen of, we will give you citizenship.'

Why the ruling class of this state has not been able to accept the existence of women until today? When will Farida's children become citizens? Neither the district administration office nor the home ministry, no one seems to be held accountable. Farida's repeated sentence is, 'My children's citizenship should be made in my name, but why is it not?' But with CDO's right to exercise, Farida's children do not seem to get citizenship immediately.

It has been eight years since the constitution of Nepal was promulgated. No person shall be deprived of the right to citizenship. But the constitution is not being followed literally. Article 11 (1) states that persons who have obtained citizenship of Nepal at the time of commencement of the Constitution and who are eligible to obtain citizenship in accordance with this part shall be citizens of Nepal. It is stated in sub-section (2) that the following persons who have permanent residence in Nepal at the time of the commencement of the Constitution shall be deemed to be citizens of Nepal on the basis of descent:

(a) A person who obtained the citizenship of Nepal on the basis of descent before the commencement of this Constitution.

(b) If a person's father or mother is a citizen of Nepal at the time of birth, such a person.

In the same way, when the constitution came into force, it is mentioned that a person who has permanent residence in Nepal, if his father or mother is a citizen of Nepal at the time of his birth, then such a person will also be considered a Nepali citizen on the basis of descent. Rule 3 sub-rule 2 of Nepal's Citizenship Act 2063 and Third Amendment of Citizenship Rules (issued in October 2080) has provisions related to citizenship. (1) In (a) of the petitioner's father or mother is a Nepali citizen, he/she is a citizen of Nepal by virtue of his/her descendants and has been born in Nepal and has continuously resided in Nepal. It is mentioned that a certificate of Nepali citizenship can be issued if at least two people who have received certificates of Nepali citizenship and at least one officer or member of the relevant local level who have obtained the certificate of Nepali citizenship in the form of Schedule 4 at the site of the survey conducted by the local residents and in (b) know the applicant.

Farida has collected documents according to all these provisions, but CDO and employees are seen above Nepal's constitution, laws and regulations. Does the CDO have the right to disobey the constitution and the law? They leave no stone unturned to question the very existence of a woman's motherhood. The real nature of Nepali society's masculinity can be clearly seen and felt when taking citizenship and in the officials who grant citizenship.

Some time ago, the current home minister asked a question to this columnist in a context, 'After all, what hinders a mother from giving citizenship to her children?' Today I am asking a question to the home minister, 'Home minister, you are doing everything very fast. But why can't a mother give citizenship to her children in her own name? Who gave your CDOI the right to ask whoever the father of the child is? I once requested to read the constitution of Nepal and give instructions to my employees accordingly.'

This issue is not only about one Farida Bano. Thousands of Faridas are forced to run to the administration office like this every day.

– Ansari is a former member of the National Human Rights Commission.