Landmark verdict

The Supreme Court took the country a step ahead in the direction of ensuring gender equality last month when it issued a mandamus order to Dolakha District Administration Office to issue citizenship papers to 18-year-old Sabina Damai on the basis of maternal lineage. The order did more than just remind implementing agencies that Nepal’s interim constitution and prevailing citizenship laws entitle one to Nepali citizenship on the basis of either maternal or paternal lineage. The February 28 verdict means much more in that as it made paternity irrelevant for citizenship. If the verdict serves as a precedent, a Nepali woman needn’t lose her sleep over protecting the citizenship right of her offspring even if she chooses artificial fertilization technique to beget the child.



The initiative taken by the apex court to expedite proceedings related to the case is praiseworthy. After being rejected job placements just because she didn’t hold a citizenship certificate, Sabina moved the court on January 24. The court issued a show cause notice to the Prime Minister’s Office, Ministry of Home Affairs, Law Ministry, and Dolakha District Administration Office on February 25, apart from granting priority to the case.



The mandamus order was issued just three days following the notice. Taken as a precedent for future cases, the order brings to an end the monopoly of paternal lineage over matters concerning citizenship and serves as a powerful statement that the judiciary will take swift measures to ensure that rights enshrined in the constitution and citizenship laws are enjoyed by those eligible. Republica stands in favor of full gender equality. We strongly maintain that there can be no gender discrimination in legal entitlement and constitutional rights.



While the February 28 order is historic, some provisions passed by a high level task force of the Constituent Assembly on issuing citizenship certificates appear conservative. According to the proposed provisions, a foreigner married to a Nepali woman would be eligible to apply for naturalized citizenship only after living in Nepal for 15 years, while a foreigner married to a Nepali man is immediately entitled to Nepali citizenship if she is ready to relinquish the citizenship of her country of origin. Similarly, the provisions propose granting only naturalized citizenship to children whose father is a foreign citizen.



We believe such provisions perpetuate gender-based discrimination and must be rectified to ensure that the new constitution is non-discriminatory. A country that has tolerated a prolonged and chaotic transition in the hope of ending discrimination of all sorts cannot tolerate sexist citizenship laws.

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