Citizenship provision leaves out street kidsMany children whose parents are unknown could be deprived of acquiring citizenship under the provision set in the new constitution.
Many children whose parents are unknown could be deprived of acquiring citizenship under the provision set in the new constitution.
The Article 11.4 of the constitution states that the children whose father or mother are unknown will be eligible to obtain citizenship by decent only if they can produce a proof that the whereabouts of their parents are indeed unknown.
For that, the law specifies that such citizenship applicants should have a legal custodian, foster parents or orphanage to vouch for their parentless status.
However,the provision does not say anything about street children.
“This provision leaves out the street children as they will be unable to produce recommendation for citizenship. Changes need to be made to incorporate these children too,” said Sabin Shrestha, a laywer.
Similarly, there is a provision stating that children of single mothers born in Nepal can acquire citizenship by decent. But administrators and law practitioners have said they will not be able to provide citizenship for above mentioned case until the laws are formulated.
After the new constitution was promulgated, a mother trying to obtain citizenship certificate for her daughters through her name was asked by the Lalitpur Chief District Officer to wait until the laws are formulated.
There have also been calls for a law where a foreign man married to a Nepali woman can acquire citizenship as easily as a foreign woman married to a Nepali woman can.
The current provision states that a foreigner wife of a Nepal man could immediately obtain a Nepali citizenship after marriage. The same rule does not apply for foreigner husband of a Nepali woman.