In the constitution of Nepal of 1990, Part 2 deal with citizenship. Take a look in your Social Studies books.
Nepalese citizenship is not acquired by one's virtue of one's birth in Nepal. Only a child whose father is a Nepali citizen will be a citizen of Nepal by descent. However, any child who is found in Nepalese territory and whereabouts of whose parents are not known is only "regarded" as a citizen of Nepal, but he/she is not legally citizen of Nepal, until his/her father's birth can be traced. An alien or a foreigner can become a citizen of Nepal by:
a) acquiring the ability to speak and write Nepali;
b) having gainful employment in Nepal;
c) renouncing his/her former citizenship; and
d) residing for, at least, fifteen years in Nepal.
However, a woman of foreign nationality who is married to a Nepalese citizen and who has initiated the process of renouncing her foreign citizen may acquire Nepalese citizenship. Likewise, a person, who has renounced citizenship of Nepal and has gone to a foreign country but has renounced his foreign citizenship, may acquire the citizenship of Nepal. (sounds, confusing doesn't it?) regardless of the above, the descendant of a citizen of Nepal who has resided in Nepal at least two years may acquire the citizenship of Nepal on such terms and condition as may be prescribed by law except in the case of descendants of naturalized citizen. Naturalized citizens are those citizens of foreign origin who acquire the citizenship of Nepal as stated earlier.
Honorary citizenship may be granted to any internationally renowned person.
As can already seen, the process of acquiring citizenship in Nepal is rather sexiest and quite difficult. It does not matter if your mother is Nepali citizen. Your citizenship is only determined by your father's or your husband's citizenship.
Section 3, articles 1, 4, 6, of the citizenship act (1963) states that women cannot transfer citizenship to her children or spouse.
Section4, article2, annexes 1, 2, 3, 4, 5, 7 of Nepali citizenship rules (1992) also shows that status of women and wives are denied in the application forms and certificates of citizenship.
Women activist have taken many cases to court regardless the sexiest policies of Nepali citizenship. However, nothing can be done about this through judges and lawyers. For change to take place, amendments need to be made in the constitution itself and that can only be done through the Parliament
This policy of Nepali citizenship has served as a stumbling block for many individuals, including some friends of my own. Someone I know has not been able to receive Nepali citizenship because his farther is deceased and there is no proof that he was a Nepali citizenship. It's unfortunate that there are no traces of his father's citizenship but the fact that his mother is Nepali citizen does not count for a single cent. Many of my other friends whose father are Indians or citizens of other countries have not been able to acquire Nepali citizenship although their mothers are Nepali Citizens. For the past decade, when equality between male and female is so highly talked about and given importance to, the government does not seem to take the matter seriously. It has been 14 years since the 1990 constitution was drafted. Isn't it high time for some amendments? We've entered into a new millennium, but our laws seem to be stuck in the past.
Being a citizen of Nepal, what are the rights which one might get? Well, the constitution has fundamental right for the citizen of Nepal. Many of us are familiar with them. All citizens are equal before the law, and no discrimination can be made on the basis of religion, race, sex, caste tribe or ideology. No person shall, on the basis of caste be discriminated against as untouchable, be denied access to any public places, or be deprived from the use of public property. No discrimination will be allowed in regard to remuneration for men and women for the same work. No citizens can be exiled or be deprived of liberty except in accordance with the law; and capital punishment is disallowed.
In addition, section on fundamental rights provide for freedom of thought and expression; freedom to assemble peacefully and without arms; freedom to form unions and associations; freedom to move and reside in any part of Nepal; and freedom to carry out any profession, occupation, trade, or industry. similarly, prior censorship of publications is prohibited, and free press and printings are guaranteed. Unfettered cultural and educational right are also guaranteed. Articles 23 and 88 provide for a citizen's right to constitutional remedy. Any citizen can petition Supreme Court to declare any law or part thereof as void if it infringes on the fundamental rights conferred by the constitution.
Other safeguards include the right to property; the right to conserve an promote one's language, script and cultural; the right to education in the student's mother tongue; freedom of religion; and the right to manage and protect religious places and trusts. Traffic in human slavery, serfdom, forced labor, or child labor in any form is prohibited. The right to receive the information about matters of public importance and the right to secrecy and inviolability of one's person, residence, property, documents, letters and other information also is guaranteed.
Many of us have studied these rights in our social studies books. But, what happens to the non-citizens of Nepal? What are their rights? International organization and declaration like that of the UNO have given lots of importance to non-citizens.
The Universal Declaration of the Human Rights also provides in article 15 that "everyone has right to nationality" and that " no one shall be arbitrarily deprived of his nationality, nor denied the right to change his nationality."
The Declaration on the Human Right of individuals who are not nationals of the country in which they live provide for the respect of fundamental human rights of aliens, including the right to life; the right to privacy; equality before the courts and tribunals; freedom of opinion and religion; and retention of language culture and tradition. In addition the Declaration prohibits individual and collective expulsion on the discriminatory grounds and provide for trade unions rights, the right to safe and healthy working conditions and right to medical care, social security and education.
But why aren't Bhutanese refugees who sought asylum in Nepal (decades ago) getting Nepalese citizenship? They can neither get the citizenship of Bhutan due to their unjust laws nor can they receive Nepali Citizenship. They are stranded in a legal limbo. Many Tibetans of Nepal are also denied citizenship.
As we all know, non-citizens of Nepal are not allowed to vote or take part in any political affairs. Did you know that if a foreigners gets married to a Nepali women, who does not have a Nepali citizenship, both are denied Nepali citizenship and expelled to husband's homeland; if a Nepali girl does not have her Nepali citizenship then she is not entitled to any ancestral land or wealth? What happens to orphans and street children? Nothing. Nothing at all.
Many other countries allow dual-citizenship; in Nepal, for a foreigner to become a citizen of Nepal, one must renounce the former citizenship. The issue of citizens in Nepal is gray and very complicated. Changes must be made; citizens and non-citizens must have more rights, better rights, just rights. Of course, there is an easy way out - all you need is few bucks. However, we all need to fight to make the constitutional of Nepal fair, giving EQUAL laws, not just in writing but in action as well.
