Single Mothers and the Proposed Citizenship Bill

As I talked to Devi (name changed for privacy), a single mother from Terai living in Kathmandu, about the recently-proposed amendment to the Citizenship Act, she shared that tears of joy filled her eyes when she gave birth to her son, but she was quickly overshadowed by worry. Her son was born to her and her divorced Pakistani husband, who now lives in the UAE. She had read about the dreadful stories of single divorced mothers struggling to raise their children in Nepal, and those words on papers were now her life. She knew that giving birth to a child and leaving her work to take care of him was only the beginning of her and her son’s social, economic, and, now, legal struggles in Nepal.

The recently-proposed amendment to the Citizenship Act 2006 allows orphans to get citizenship, allows the child to choose either their mother’s or father’s surname for their citizenship, includes both parents’ details, and allows non-Nepali residents living outside the South Asian region to acquire citizenship. The amendment opens new avenues for people struggling to get citizenship, including those Nepalis born to Nepali parents who had received their citizenship by birth. Despite the recent amendment catering to so many individuals to get citizenship, does it cater to mothers like Devi?

For Devi, there are two main hurdles. First, her ex-husband couldn’t apply for naturalized citizenship after their marriage. Hence, he is not a Nepali citizen, and second, her son cannot get citizenship based on descent in his mother’s name unless she proves that the father cannot be identified. This would not have been a concern if Devi were a single father and not a single mother. The proposed amendment states that only mothers have to prove that their children’s fathers are unidentified for their child to get citizenship based on descent. And although the child is eligible for naturalized citizenship, getting one is a different hurdle. But the father doesn’t even need to mention the citizenship of the mother of their children for them to get citizenship. A man is given more power to legally have an heir in Nepal just because of his gender. But why this bias? It’s mostly the misogynistic assumption that women are not smart, educated, and aware enough. So, they assume that foreign men (particularly from India) will manipulate these women, marry them, get Nepali citizenship, and influence the government to work in their favor. The government simply ignored that women are not passive beings who accept marriage offers without logical reasons. Now, this presumption forces single mothers like Devi to go the extra mile to prepare documentation to give their children the right to be a Nepali citizen. And this is just the tip of the iceberg of a single mother’s legal struggles in Nepal. That is not the only hurdle they face- the social stigmas in Nepal make it even more challenging for women to be strong examples for their children.

Since the beginning of the family as a concept in history, it typically consists of a working and earning husband, a housewife, and their children. This “ideal” family structure was very prominent worldwide and in Nepal too. We read stories of Shiva and Parvati and Nepali royal families where only the heroism of the husbands is highlighted, and the women are shown to need saving or are insignificant. Because we only see men in the decision-making and powerful positions in family structures (although this is not limited to family), it is challenging for our society to comprehend that a woman can do just the same. This attaches a significant social stigma to all single mothers. While they struggle on their own internally to stay economically and emotionally sound for themselves and their children, the lack of support of their society and even family most times only makes it more difficult than it is. We are not new to the gossip culture that surrounds our society. And this gossip only surrounds the so-called unconventional family of a single mother and makes their already difficult life even more challenging.

It gets worse when these women put in the effort to support their children economically. As a single mother, she knows that her child will need all kinds of support in life- including financial support. And for this, the mother has to work.

Unfortunately, a working mother is not considered a mother enough. A woman is only a mother when all she does is stay home to feed the babies, put them to bed, clean them up, and entirely devote her life to her children, ignoring her own. Women are expected to leave their jobs as soon as they are pregnant and never return to the working world again. Research suggests that only 22 percent of working-age women are employed in Nepal. The percentage is probably even lower for mothers, especially single mothers. This idealization would only work in a two-parent family, which would also be economically challenging with the high inflation rates. But, as a single mother, she has to shoulder all responsibilities. She has to have a job, maintain her house, and emotionally support her child(ren), all the while trying to take care of herself too. This alone is challenging with the social stigma that surrounds women. Now, with the amendment to the Citizenship Act, single mothers like Devi have to worry if their children will even have an identity in this country.

The proposed amendment to the Citizenship Act brings me anxiety as a young woman, and I am sure I am not alone. This amendment impacts not only the present single mothers but also any female who wishes to be a mother in the future. Ensuring that women have equal rights in their country is the government’s job, first and foremost. The Fundamental Rights of Nepal state that all citizens shall be equal before the law. It is now high time that they catered to women and their rights to “all citizens.” Perhaps, the government can create the same procedure for all genders where they have to go through a background check, a citizenship test, and minimum residency in Nepal to be eligible to apply for naturalized citizenship. This could help tighten security and reduce the perceived risk that foreign men will manipulate Nepali women and infiltrate the government. But, ensuring equality does not stop with the government. Any moral human being must use their voice when misogynistic comments are passed around in family gatherings, classroom discussions, or the workplace. Staying updated on women’s legal rights and social dynamics and speaking up for them is just the start of us supporting, loving, and respecting mothers.