Kathmandu, 11 June: The government’s citizenship bill, which proposes granting citizenship in the name of the mother, has been passed by the State Affairs and Good Governance Committee of the House of Representatives. The bill to amend the Nepal Citizenship Act, 2063 (2006), was endorsed on Tuesday after a day-long discussion in the committee.
The bill is now being prepared to be tabled in a full meeting of the House of Representatives. Once passed by the House, it will be sent to the National Assembly. Committee Chairperson Ramhari Khatiwada stated that the committee passed the bill with minor amendments, essentially retaining the content as proposed by the government.
The bill includes a provision to issue a citizenship certificate in the name of the mother in cases where the father is out of contact or there is no information about him. There have been several court orders issued at different times regarding the granting of citizenship in the mother’s name. In a 2020 (2077 BS) writ petition filed by Suraj Ghimire, the Supreme Court had issued a mandamus order to grant citizenship in the mother’s name. The order stated: “As the father is missing, issue a Nepali citizenship certificate to the petitioner, Suraj Ghimire, in the name of his mother.”
In another case, a writ petition filed in 2010 (2067 BS) against Sabina Damai led the Supreme Court to issue an order to grant Nepali citizenship in the name of the mother. Similarly, in 2011 (2068 BS), the Supreme Court ruled that a person born in any part of Nepal to a Nepali father or mother has the right to obtain a citizenship certificate from the district where they were born.
Taking into account such circumstances where citizenship needs to be granted through the mother, the government has introduced this bill. If this bill is passed without changes by both houses of Parliament, Nepali citizenship will now also be obtainable in the name of the mother.
Similarly, the parliamentary committee has agreed to the government’s proposal to grant naturalized citizenship to children born abroad to Nepali mothers. This provision applies to children who were born abroad, whose father is unidentified, but who reside in Nepal. It also covers cases where a child is born abroad after a woman marries a foreign national but later resides in Nepal without living with the father and has renounced foreign citizenship.
An additional clause, 5(b), has been proposed under Section 5 of the Nepal Citizenship Act, 2063 (2006). It states that a person born abroad to a Nepali mother, residing in Nepal, who has not acquired foreign citizenship or a foreign passport, and whose father’s identity is unknown, may obtain naturalized Nepali citizenship upon making a formal declaration as prescribed.
The committee has also passed a proposed provision in the bill to amend Section 8(a) of the Nepal Citizenship Act, 2063 (2006), which allows citizenship to be issued without mentioning the father’s name, surname, or address if the applicant does not wish to include them. Under the existing law, an applicant must submit a citizenship application along with the citizenship certificate of either the father, mother, or a relative within three generations from the paternal side.
The Supreme Court has issued an order allowing individuals to obtain citizenship without mentioning the father’s name, surname, or address if they do not wish to include them. In a case from 2011 (2068 BS), the Court addressed the situation of Kristina Maharjan, who was born to a single mother. Her birth recommendation letter stated that her father, Lokesh Subedi Jaisi, was out of contact and had never cared for or met his daughter.
Kristina had requested that she not be forced to accept someone she had never met as her father in order to obtain citizenship. Responding to this, the Supreme Court ordered that, based on her self-declaration, she be granted Nepali citizenship by leaving the section for the father’s name blank.
The bill includes a provision to grant naturalized Nepali citizenship to individuals whose father or mother acquired Nepali citizenship by birth, while the other parent either passed away before acquiring such citizenship or, in the case of the mother, is out of contact.
In a 2015 (2072 BS) writ case involving Shweta Srivastava against the District Administration Office, the Nepalgunj Appellate Court had issued a mandamus order addressing this matter. The court stated:
“If the father passed away before acquiring Nepali citizenship and the mother had obtained Nepali citizenship by birth but is now deceased, then considering the sensitivity of the citizenship issue, a decision must be made regarding the petitioner’s request to obtain Nepali citizenship.”
This case serves as a precedent for the provision included in the new bill.
The bill also includes a provision to issue a Minor Identity Card to children under the age of 16.
Regarding Non-Resident Nepalis (NRNs) and Gurkha soldiers, Home Minister Ramesh Lekhak, who was present at the committee meeting, stated that these matters would be addressed through separate legislation.
The Non-Resident Nepali Association (NRNA) had requested citizenship rights equal to that of Nepali citizens. During Monday’s committee meeting, NRNA representatives reiterated this demand.
Similarly, former British Gurkha soldiers proposed that, even if they have obtained British residential visas or naturalized citizenship, their children should be eligible for citizenship by descent in Nepal. This proposal was also presented before the committee by the Gurkha veterans.
The government had initially planned to pass the bill, registered in the House of Representatives on Magh 16, 2081 BS (January 30, 2025), through a fast-track process without sending it to the committee. However, it was later forwarded to the committee on Chaitra 18, 2081 BS (March 31, 2025).
A total of 35 lawmakers submitted amendment proposals to the bill while it was under committee review.
Home Minister Ramesh Lekhak stated that the bill needed to be passed promptly because the number of court cases and complications related to citizenship was increasing, causing unnecessary hardship. He emphasized that it was the government’s responsibility to address these issues quickly, which led to the urgency in passing the bill.
The committee has also approved the proposed provision to delegate authority to a Subba (Gazetted First-Class Officer) to facilitate the smooth distribution of citizenship certificates.
The bill states that in offices headed by an officer-level chief, if the officer-level employee is absent due to official duty or leave, a Subba can be authorized to ensure the uninterrupted delivery of services.
