Home minister defends citizenship circular sent to DAOs before House panel

Kathmandu, April 10

Home Minister Ram Bahadur Thapa today told the State Affairs and Good Governance Committee of the House of Representatives that his ministry issued a circular to district administration offices telling them to grant citizenship by descent to children of citizens by birth to end deprivation of citizenship for eligible persons.

The Home Ministry had issued circulars to all DAOs on April 2 in the wake of growing outrage against delay in enactment of a federal law due to which children of citizens by birth are unable to obtain their citizenship.

A total of 170,042 people obtained citizenship by birth after the Interim Constitution incorporated provisions guaranteeing birthright citizenship in 2007.

Defending the home ministry’s decision, Thapa said he would not have issued the circular had the Parliament passed the new Citizenship (Amendment) Bill, which was being considered by the Parliament.

“We have issued the circular as per the provision of Article 11(3) of the constitution and we have also taken cognisance of the Supreme Court verdicts and the outrage expressed over the deprivation of citizenship,” he said. He added that the home ministry took the decision realising that deserving citizens should not suffer statelessness due to indecision of the Parliament.  Thapa added that the home ministry circular neither challenged the parliamentary supremacy nor violated court order.

Thapa said both the Parliament and the government had the responsibility to address people’s demands.

“We have issued the circular to heal the wounds of those who have not been able to obtain citizenship. We have heard the screams of the victims who face difficulties due to lack of citizenship,” the minister argued.

Home Secretary Prem Kumar Rai said the deprived people who knocked the doors of courts got citizenship, but those who could not move the court suffered in silence  and that’s why the home ministry issued the circular to DAOs to provide citizenship to all the eligible people. He said the home ministry was compelled to take a decision due to unnecessary delay in the Parliament to finalise the Citizenship (Amendment) Bill.

On Monday,  the  Supreme Court  stayed the government’s circular till April 16 in response to a petition filed by Senior Advocate Bal Krishna Neupane challenging the home ministry’s decision. The Citizenship (Amendment) Bill is being debated in the State Affairs and Good Governance Committee. It’s been an agonising wait for children of citizens by birth to obtain citizenship even after three-and-a-half years. Children of citizens by birth have not been able to open bank accounts, enrol in educational institutions, obtain driving licences and avail of job opportunities in the formal sectors due to lack of citizenship.

Lawmakers Dilendra Prasad Badu, Dila Sangraula, Nawa Raj Silwal, Rekha Sharma and Prem Suwal had sought explanation from the government objecting to the home ministry’s decision to issue the circular regarding citizenship at the time when the citizenship amendment bill was being debated in the Parliament.