A division bench of justices Bal Ram KC and Bharat Raj Upreti issued the order responding to the writ petition filed by Damai on January 24. The Prime Minister´s Office, the home ministry, law ministry, Dolakha DAO and chief district officer had been made defendants in the case.
“SC issues a mandamus to Dolakha DAO to grant Nepali citizenship to Sabina Damai as her mother Ganga Maya Damai holds a Nepali citizenship by descent,” reads the SC order.
The apex court has said the citizenship certificate be issued to Damai as per the constitution and laws.
“As per the Citizenship Act, a child can claim citizenship if either of his parents hold a Nepali citizenship,” SC Deputy Spokesperson Hemanta Rawal told Republica.
Damai, who has not been able to trace her father, had approached the Dolakha DAO twice to obtain citizenship certificate. Lamidada VDC office had provided necessary recommendations to facilitate the process.
“The DAO first denied Damai citizenship as she could not produce her father´s citizenship. Later, she approached the DAO with recommendation but to no avail,” Meera Dhungana, the lawyer who fought the legal battle for Damai, told Republica.
She said it was the DAO´s repeated refusal that prompted the 18-year-old girl to move the SC for justice.
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