In the bill, it is possible to obtain citizenship from the mother's name, and the father's name, surname, and address cannot be mentioned in the citizenship certificate.
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The House of Representatives has passed a bill on Saturday, which provides for the acquisition of citizenship in the name of the mother. The Nepal Citizenship (Second Amendment) Bill, which was registered in the House of Representatives by the Ministry of Home Affairs on January 15, was passed five months later. The bill will now go to the National Assembly.
The State Order and Good Governance Committee unanimously prepared a report after discussing the bill on June 5 and submitted it to the assembly on June 5. Home Minister Ramesh Akhtar proposed that the Bill be passed in the Saturday meeting of the House of Representatives. After that, the assembly passed the bill with the support of the majority of members.
The Home Minister said that children born to a Nepali citizen mother will receive citizenship under the mother's name as a priority in the bill. "Constitution carries the feeling that citizenship can be obtained through the name of the mother. But due to the lack of law, there was a problem in its implementation," he said. "The bill has also been advanced to implement the judgments and orders passed by the Supreme Court at different times.
The solution to the complexity of the father's search for citizenship is sought in the bill, the Home Minister said. He says that the passing of the bill with the provision of citizenship in the name of the mother is a historic act of the House of Representatives.
Even if the father's name is mentioned in someone's birth certificate or educational qualification or any other certificate, if the person who wants to get citizenship and his mother declares that the father is not currently in contact, the identity of the father of such a person will not be recognized and he will get citizenship under the name of the mother. In the bill that the Ministry of Home Affairs took to Parliament, there was a provision that the children would make such a declaration. The committee prepared a report with the provision that both the applicant and his mother should self-declare.
There is a provision in the bill to grant Nepali citizenship to children 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, can obtain a recognized Nepali citizenship if he self-declares as prescribed," the bill passed by the House of Representatives states. This provision has been introduced with the aim of preventing a person born abroad from a Nepali citizen woman who has gone on foreign employment, but whose father's identity has not been disclosed, from becoming a non-citizen. "The problem of female sisters in foreign employment giving birth to children abroad and their children becoming stateless when they return has been addressed," said the Home Minister.
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. In Section 8 of the Citizenship Act 2063, (1A) has been added, "If a person submits an application stating that he does not want to mention the name, surname and address of the father in the certificate of citizenship, the Nepali citizenship certificate issued to such a person shall be given without mentioning the father's name, surname and address in the places where the father's name, surname and address should be." 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.
The bill also seeks to facilitate the provision of citizenship for the children of people who have acquired citizenship by birth. In Section 3 (4) of the existing Citizenship Act, it is mentioned that the child of a citizen who obtained the citizenship of Nepal on the basis of birth prior to October 3, 2072, if both the father and mother are citizens of Nepal, will obtain the citizenship of Nepal on the basis of descent after completing the age of 16 years. This provision was made by amendment dated 17th June 2080.
The arrangement that both father and mother should be Nepali citizens has made it difficult for some people to obtain citizenship. It was a problem for children to get citizenship in cases where one of the father or mother died or disappeared without getting citizenship based on birth. In the bill, it is provided that one of the father or mother obtained Nepali citizenship by birth and the other person dies before obtaining citizenship by birth or the mother has no contact with the father and has no contact with the mother.
The bill also includes the provision that the minor's identity card will be issued in the mother's name. The bill mentions that a minor will be issued a minor's identity card if he or she is not 16 years old and one of the parents is a Nepali citizen. In order to end the situation of having to live without identity and to facilitate the education of minors, it has been arranged that the children of Nepalese fathers or mothers will be given minor identity cards, the writer said. "The bill tries to solve the complications caused by the legal system of searching for the father for citizenship," he said.
