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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 |