I am really disheartened to read this news, and I wanted to know what you all feel about it. I just wonder what will happen to all those innocent children whose father deserted them. Something needs to be done here.

http://kantipuronline.com/kolnews.php?&nid=35208

No citizenship for kids of unwed mothers, unknown fathers


POST REPORT

KATHMANDU, March 23 - The Supreme Court on Wednesday said that persons born of unwed mothers or whose father?s identity is unknown are not eligible for Nepali

citizenship.

The apex court passed the judgement while quashing a writ petition seeking right to citizenship for persons with unknown male parent and born of

unmarried mother. A division bench of Justices Ram Kumar Shrestha and Parmananda Jha gave the verdict.

"The petition has been quashed on the ground that our Constitution and Citizenship Act 1964 have adopted the principle that citizenship shall be

awarded to a person only on the basis of the father?s citizenship," the court said.

The court judgement comes at a time when a section of women activists are demanding that citizenship be issued on the basis of the mother?s

citizenship. Currently, a person is awarded citizenship by descent only on the basis of the father?s citizenship.

People born as a result of Badi and Deuki practices will be affected due to the apex court judgement. According to writ petitioner Advocate Achut

Prasad Kharel, many persons born in Badi and Deuki communities are deprived of citizenship, as the father is unknown.

Badis are disadvantaged ethnic groups living in Jajarkot, Rukum, Salyan, Dang, Bardiya, Kailali and Bajhang districts of Nepal. They number around

60,000, that is, 0.0027 percent of the total population. Women and girls of the Badi community practice commercial sex as a major source of income.

Similarly, Deuki is a practice in the far-west, where a person who wishes to gain personal advantage, offers a girl or woman to a temple.

Advocate Kharel had argued that persons belonging to the Badi and Deuki communities should be granted citizenship according to Article 9 (2) of the

constitution.

The Article says, "every child who is found within the Kingdom of Nepal and the whereabouts of whose parents are not known, shall, until the father

of the child is traced, be deemed a citizen of Nepal by descent."

This is the most stupidest law passed so far. DUMB. Freaking male chauvinsitic.

My dad died before my older sis turned 16. So when my mom took my dad's "nagarikta" along with her "bihe darta gareko kagaz" and his death records, they refused to give my sis a citizenship card. They wanted a male to be present re. Freaking assholes.

And that stupid rule of having a person working in a govt job sign the application for your passport, DUMB.

If this happens to a middle class family in Nepal, I don't know what to say about the poor.

this is a ridiculously and disgustingly offensive early 20th century mentality. just another way in which women in nepal have not been- and need to be- empowered! these poor children without a country to call home....when will the nepali govt- be it the king, the netaas, the maobaadi- wake the f up?!?!

I am glad, this has finally hit a news paper!!!!!!!!!!!!
I wonder what it takes for these stupid, so called educated morons to realize that the law is committing a heinous crime against it's own people, and legalizing it in the process!!

A panel of Nepali women activists had talked about this issue at a forum at NYU few weeks ago. Obviously, their efforts to empower the women in various ways are constantly hitting the walls protected by male chauvinism in a sad state of Nepal.

What's worse, one of the panelist was married to a foreigner and bore 2 children. After she got divorced and the father decided to go back to his country and leave the kids with her, the law denied the children citizenship simply because the father was not a Nepali citizen.

Khai, ke bhanne...tooooooooooo sad and helpless...

ahile ta jhan...the very people who could have amended the laws -- parliamentarians -- are DISSOLVED! koslai bhanne? ke garne?

I have an idea: if any of the activists are reading this....how about gathering all those hundreds of children (who the law denies citizenship to) -- should number in the hundreds, if not thousands, if they include Balis, Deukis, children of unwed mothers, children of foreign fathers, etc. -- and their mothers in front of the Narayanhiti Royal Palace and make them all cry? Maybe Shree 7 (two "shree"s added after February 1, 2005) BadaBadaMaharaj Gyanendra Bir Bir Bikram Shah Dev Dev hajur can then do something about it.

Political rallies are banned, I know, but rallies demanding social changes should pass through the loop hole, making the Supremo Gyan Bahadur feel something up his *rse hole.

[Advocate Kharel had argued that persons belonging to the Badi and Deuki communities should be granted citizenship according to Article 9 (2) of the

constitution.

The Article says, "every child who is found within the Kingdom of Nepal and the whereabouts of whose parents are not known, shall, until the father

of the child is traced, be deemed a citizen of Nepal by descent." ]

According to the news above, Article 9 (2) of the Constitution seems clear on the issue. I don't understand why the court ruled the way it did. Since we share an open border with India, courts having conservative or even restrictive position, in a certain extent, on the citizenship issue is understandable to me . However, denying citizenships to those righful kids who are/will be born to unwed mothers is wrong. What is the fault of those children who are/will born born out of forced/raped relationships? Why penalize them? Why father is more important than mother when it comes to citizenship. A mother goes through a lot to deliver a baby. In fact, it should be mother, if one parent should get the prioority, through whom the citizenship of a child is to be defined. Just my thought.

I agree whole heartedly with Sparsha ji. However, since our society is not matrilineal, I suppose, "Aaama le bau chinaoucha and Baou le Citizenship!". Having said that and seeing the recent changes in property rights for women, perhaps, there is hope, yet. But, we have also take into account the property right reforms came before the royal suspension of Democracy!

yeah, sparsha has made a great point and there definitely is hope....

poonte, you were at that panel discussion at nyu?! i couldn't make it, but one of my friends helped organize it....

This, in my view, is an attempt to reciprocate the present laws to that of the panchayat regime. The regulations for the issuing of nationality (as well as passports and other documents) were changed and made easier after 1990. Although there have been some abuses of the changes (particularly in passports and driving licences), those ammendments have benefited most of the citizens. Now this administration, which is angry about many Nepalese being able to explore new horizons in the democratic era, wants to impose ugly legislations and thwart the progress of common Nepalese.
Those who support the new regime may say hey this is a court decision. But make no mistake, our judiciary always acts on the interest of the rulers.These are signs that our country is being taken back to the tough old days of Panchayat, when Nepalses villagers had to wait for years and years just to get a citizenship certificate. This is just to much, Nepal is getting back to the dark old age and it's intriguing that people are silent. Common this is the 21st century.

common-come on

Lets stick to the issue here cause everbody knows the legislation in Nepal is flawed and there are many loop holes. It is encouraging to see people standing for the rights. I believe its time for action. Instead of just bitching lets work together to help the opressed.

I do not remember the date of broadcast, but there was program in PBS about human trade from Nepal especially in Indian brothels. There was also interview of Anuradha Koirala. Lets take step by step move and help bring equality and progress in the society.

Peace out