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to obtain citizenship in accordance with this Part shall be the citizens of Nepal.
(2) The following person who has his or her permanent domicile in
Nepal at the time of commencement of this Constitution shall be the citizen of
Nepal by descent:
(a) a person who has obtained the citizenship of Nepal by descent prior
to the commencement of th is Constitution,
(b) a person whose father or mother was a citizen of Nepal at his or her
birth.
(3) A child of a citizen having obtained the citizenship of Nepal by
birth prior to the commencement of Nepal shall, upon attaining majority,
acquire the citiz enship of Nepal by descent if the child's father and mother both
are citizens of Nepal.
(4) Every minor who is found within Nepal and the whereabouts of
whose father and mother are not known shall, until the father or the mother of
the child is traced, be a citizen of Nepal by descent.
(5) A person who is born in Nepal from a woman who is a citizen of
Nepal and has resided in Nepal and whose father is not traced shall be provided
with the citizenship of Nepal by descent.
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Provided that his or her father is held to be a foreign citizen, the
citizenship of such person shall be converted into naturalized citizenship as
provided for in the Federal law.
(6) A foreign woman who has a matrimonial relationship with a
citizen of Nepal may, if she so wishes, acquire the naturalized citizenship of
Nepal as provided for in the Federal law.
(7) Notwithstanding anything contained elsewhere in this Article, in
the case of a person born from a woman who is a citizen of Nepal and married
to a foreign citizen , the person may acquire the naturalized citizenship of Nepal
in accordance with the Federal law if h e or she has permanent ly resided in
Nepal and has not acquired the citizenship of a foreign country.
Provided that if such person's mother and father both are citizen s of
Nepal at the time of acquisition of citizenship, such person born in Nepal may
acquire the citizenship of Nepal by descent.
(8) In the cases other than those mentioned in this Article, the
Government of Nepal may, in accordance with the Federal law, grant the
naturalized citizenship of Nepal.
(9) The Government of Nepal may, in accordance with the Federal
law, grant the honorary citizenship of Nepal.
(10) Whenever any territory is acquired by way of merger into Nepal,
a person having his or her d omicile in such territory shall become a citizen of
Nepal, subject to the Federal law.
12. Citizenship with identity of descent and g ender : A person who obtains the
citizenship of Nepal by descent in accordance with this Constitution may
obtain a certifi cate of citizenship of Nepal with gender identity by the name of
his or her mother or father.
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13. Acquisition, reacquisition and termination of citizenship : Other matters
relating to the acquisition, reacquisition and termination of citizenship shall be
as provided for in the Federal law.
14. Power to grant non-resident Nepalese citizenship : The non-residential
citizenship of Nepal may be so granted to a person who has acquired the
citizenship of a foreign country, has reside d in a country other than a member
state of the South Asian Association for Regional Coope ration, and who or
whose father or mother , grandfather or grandmother was prev iously a citizen of
Nepal by decent or birth but subsequently acquired the citizenship of the
foreign country that such person may enjoy economic, social and cultural
rights in accordance with the Federal law .
15. Other provisions relating to citizenship o f Nepal : Other matters relating to the
maintenance of records setting out the identity of every citizen of Nepal and
the citizenshi p of Nepal shall be as provided for in the Federal law.
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Part-3
Fundamental Rights and Duties
16. Right to live with d ignity : (1) Every person shall have the right to live with
dignity.
(2) No law shall be made providing for the death penalty to any one .
17. Right to f reedom : (1) No person shall be deprived of his or her personal liberty
except in accordance with law .
(2) Every citizen shall have the following freedoms:
(a) freedom of opinion and expression,
(b) freedom to asse mble peaceably and without arms,
(c) freedom to form political parties,
(d) freedom to form unions and associations,
(e) freedom to move and reside in any part of Nepal,
(f) freedom to practice any profession, carry on any occupation, and
establish and operate any industry, trade and business in any part of
Nepal .
Provided that:
(1) Nothing in sub -clause (a) shall be deemed to prevent the making of
an Act to impose reasonable restrictions on any act which may
undermine the sovereignty, territorial integrity, nationality and
independence of Nepal or the harmonious relations between the
Federal Units or the people of vari ous castes, tribes, religions or
communities or incite caste -based discrimination or untouchability
or on any act of disrespect of labour, defamation, contempt of court ,
incitement to an offence or on any act which may be contrary to
public decency or morality.
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(2) Nothing in sub -clause ( b) shall be deemed to prevent the making of
an Act to impose reasonable restrictions on any act which may
undermine the sovereignty, territorial integrity, nationality and
independence of Nepal o r the harmonious relations between the
Federal Units or public peace and order.
(3) Nothing in sub -clause (c) shall be deemed to prevent the making of
an Act to impose reasonable restrictions on any act which may
undermine the sovereignty, territorial integrity, nationality and
independence of Nepal, constitute an espionage against the nation or
divulge national secrecy or on any act of rendering assistance to any
foreign state, organization or representative in a manner to