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Citizenship is the legal bond between an individual and a state, granting certain rights and duties. In Nepal, citizenship holds special importance as it is closely tied to national identity, political participation, and access to state services. The Constitution of Nepal, 2015, along with the Nepal Citizenship Act, 2006, governs the provisions related to citizenship. Nepal recognizes citizenship by descent, birth, and naturalization. Holding Nepali citizenship allows individuals to exercise fundamental rights such as voting, owning property, and holding public office. However, issues like dual citizenship, citizenship through maternal lineage, and statelessness remain important and often debated topics in Nepal's political and social landscape. Understanding the concept and laws of citizenship is crucial to grasp the broader framework of rights and responsibilities within the country.
Types of Citizenship in Nepal
1. Citizenship by Descent
Citizenship by descent is the most common form of acquiring Nepali citizenship. A person is eligible if either their father or mother is a Nepali citizen at the time of their birth. The Constitution of Nepal ensures that children can claim citizenship from either parent, promoting equality between men and women. This provision strengthens the bond between individuals and their homeland through bloodline and ancestry.
2. Citizenship by Birth
Citizenship by birth was granted to individuals born in Nepal before April 13, 1990, who have lived permanently in Nepal. This provision was introduced to address the issue of statelessness among those who had been residing in Nepal for generations but lacked formal citizenship documents. Although it played an important role in the past, it is now applicable only in special cases under current laws and is not a regular pathway to citizenship.
3. Citizenship by Naturalization
Citizenship by naturalization is available to foreign nationals who meet specific legal requirements. These include residing in Nepal for a certain number of years, having knowledge of the Nepali language, customs, and culture, and maintaining good moral character. Additionally, foreign women married to Nepali men can apply for naturalized citizenship. However, discussions continue regarding the need for fairer provisions for foreign men married to Nepali women, highlighting concerns over gender equality.
4. Honorary Citizenship
Honorary citizenship can be awarded by the Government of Nepal to foreign individuals who have made exceptional contributions to the nation. While honorary citizens are recognized for their achievements and services, they do not enjoy full political rights, such as voting or contesting in elections. This form of citizenship is rarely granted and is reserved for very special cases.
5. NRN Citizenship
Non-Resident Nepali (NRN) Citizenship is a special provision for Nepali-origin individuals living abroad. Under the Constitution of Nepal, NRNs who hold foreign citizenship (except of SAARC countries) can obtain a special NRN citizenship. It allows them to enjoy economic, social, and cultural rights in Nepal but restricts political rights like voting and holding public office. NRN citizenship aims to strengthen Nepal’s connection with its global diaspora.
Process of obtaining Citizenship
- Step 1: Choose the appropriate category of citizenship you are applying for.
- Step 2: File an application at the District Administration Office (DAO).
- Step 3: The office will verify your documents and approve your eligibility.
- Step 4: Once verified, the Certificate of Citizenship will be officially issued.
Step 1: Choose the appropriate category of citizenship you are applying for.
In the first step, the applicant must identify the correct type of citizenship they are eligible for, such as citizenship by descent, birth, naturalization, or NRN (Non-Resident Nepali) citizenship. Selecting the correct category is important because the requirements and documents vary depending on the type.
Step 2: File an application at the District Administration Office (DAO).
The applicant has to reach the age of 16 to issue citizenship. After deciding the type of citizenship, the applicant needs to submit a formal application to the District Administration Office. The application must be accompanied by necessary documents like birth certificates, parental citizenship certificates, proof of residence, and other supporting papers as required by law.
Step 3: The office will verify your documents and approve your eligibility.
Once the application is submitted, the District Administration Office carefully reviews and verifies all documents provided. They may conduct background checks, interview the applicant, and confirm that all legal conditions are fulfilled. This step ensures that only eligible individuals are granted citizenship.
Step 4: Once verified, the Certificate of Citizenship will be officially issued.
After successful verification, the District Administration Office formally approves the application and issues the Certificate of Citizenship. This certificate serves as the official proof of Nepali citizenship, allowing the individual to exercise rights and responsibilities as a citizen of Nepal.
Documents Required for Issuing Citizenship
- Certificate of Birth
- Certificate of Migration (If required)
- Letter of recommendation from Word
- Three witnesses for proof of Residence
Time for obtaining citizenship
It may take 1-2 hours to obtain citizenship.
Penalty
- If a foreign national falsely claims to be a Nepali citizen and obtains citizenship through false representation, they can be punished with imprisonment of one to five years, a fine of fifty thousand to one hundred thousand rupees, or both. Additionally, once penalized, their fraudulently obtained citizenship will be automatically cancelled.
- Anyone involved in verifying or recommending citizenship for a foreign national based on false information can be punished with six months to three years of imprisonment, a fine of twenty-five thousand to fifty thousand rupees, or both.
- Anyone who helps in creating or using a false or forged Nepali Citizenship Certificate will face imprisonment of one to five years, a fine of twenty thousand to one hundred thousand rupees, or both.
- Anyone who alters or helps alter the details of an original citizenship certificate can be sentenced to up to three months of imprisonment, a fine of up to ten thousand rupees, or both.
Conclusion
In conclusion, citizenship in Nepal is a vital legal bond that grants individuals rights and responsibilities, contributing to national identity, political participation, and access to state services. The process of obtaining citizenship, whether by descent, birth, naturalization, or NRN status, is well-defined through the Nepal Citizenship Act and the Constitution. However, issues such as dual citizenship and statelessness remain controversial. Strict penalties are in place for fraudulent activities related to citizenship, ensuring that the integrity of the citizenship process is maintained and safeguarded against misuse. Understanding these laws is essential for navigating Nepal’s citizenship framework.
Frequently Asked Questions
Anyone born to a father or mother who is a Nepali citizen at the time of birth can apply under this category.
You must be at least 16 years old to apply for your citizenship certificate.
Yes, foreign women married to Nepali men can apply for naturalized citizenship, subject to legal requirements.
No, Nepal does not recognize dual citizenship. Holding another citizenship leads to the automatic cancellation of Nepali citizenship.
Typically, you’ll need a birth certificate, migration certificate (if applicable), ward recommendation, and witnesses for residency proof.
They can face up to 5 years of imprisonment, a fine of up to NPR 100,000, and cancellation of citizenship.
NRN (Non-Resident Nepali) citizenship is for individuals of Nepali origin living abroad (except SAARC countries). It offers economic rights but no political rights.
It can be completed within 1–2 hours after document verification at the District Administration Office.
Yes, but legal challenges and social debates exist. Recent constitutional amendments support maternal lineage, but implementation varies.
You must apply at the District Administration Office (DAO) of your permanent residence.
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This article is intended solely for informational purposes and should not be interpreted as legal advice, advertisement, solicitation, or personal communication from the firm or its members. Neither the firm nor its members assume any responsibility for actions taken based on the information contained herein.