Citizenship, Rights, and Duties

Citizenship

Concept of Citizenship

• Citizenship is a certificate confirming an individual’s status as a citizen of a country.
• In ancient times, only those with social and political rights were citizens; slaves, women, and convicts were excluded.
• Gettel: "Citizens are members of a political society, bound by duties, subject to its authority, and entitled to equal benefits."
• Laski: "A citizen is a rational individual who obeys commands and fulfills duties in an organized society."

Conditions for Citizenship

1. Residing within the state’s boundaries.
2. Being a member of the state.
3. Having voting rights in elections.
4. Entitled to state-granted rights.
5. Accepting the state’s sovereignty.
6. Protecting individual and collective interests.

Acquisition of Citizenship

Citizenship is acquired in two ways:

a) Natural or Birth-Based Citizenship

1. Jus Sanguinis (Right of Blood):
   • Children inherit parents’ citizenship.
   • Widely accepted but impractical for orphans or children of parents from different countries.
2. Jus Soli (Right of Soil):
   • Child born in a country becomes its citizen, regardless of parents’ citizenship.
   • Simple but sometimes controversial.
3. Mixed Principle:
   • Child born abroad inherits parents’ citizenship.
   • May lead to dual citizenship issues.

b) Artificial or Naturalized Citizenship

Requires compliance with legal requirements. Conditions include:

1. Submitting an application to state authorities.
2. Fulfilling requirements like residence, oath of allegiance, language knowledge, good conduct, belief in state governance, and ability to support dependents.
3. In Nepal, per Interim Constitution 2063, foreign citizens can acquire citizenship under conditions.
4. A woman marrying a foreign man acquires his country’s citizenship. Per Article 8, Sub-article 6, Part 2, a foreign woman married to a Nepali can acquire naturalized citizenship.
5. In some countries, purchasing land or securing government jobs grants citizenship.
6. Conquered country’s citizens become citizens of the victorious country.
7. Honorary citizenship for renowned individuals (e.g., Edmund Hillary, Toni Hagen in Nepal).

Termination or Loss of Citizenship

1. Foreign woman married to a foreign man loses original citizenship.
2. Prolonged absence without notification.
3. Accepting foreign state employment.
4. Deserting military service (e.g., France, Israel).
5. Voluntarily renouncing citizenship.
6. Acquiring foreign citizenship.
7. Committing treason or heinous crimes.

Citizenship Provisions in Nepal’s Interim Constitution 2063

Articles 8, 9, 10, 11 cover citizenship.

• Citizen from Latin Civics.
• Modern citizenship concept from French Revolution 1789.
• In ancient Greece, city-state residents were citizens.
• In medieval times, those with political/judicial rights were citizens.
• Aristotle: Citizens participate in administrative and judicial functions.
• Purna Kamber: Bad conduct can revoke citizenship.
• William Ward: Citizenship lies in fulfilling duties.
• Gettel: Citizens are duty-bound and entitled to equal benefits.
• Laski: Citizens can give and obey commands.
• Government holds authority to grant citizenship.
• UK: 5 years residence; Nepal: 15 years for naturalized citizenship.
• Tampering with citizenship certificate: Up to 3 months imprisonment, NPR 10,000 fine, or both.
• In some countries, ascetics, monks, or mentally unstable individuals lose citizenship.
• Nepal Citizenship Act 2063: Minors are under 16 years.
• Section 14: Citizenship revocation effective from the order date.
• False information for citizenship: 1–5 years imprisonment, NPR 50,000–100,000 fine, or both.
• Dual citizenship: Choose one within 2 years of turning 16.
• Section 6: Honorary citizenship provision.
• France, Germany: 10 years absence leads to citizenship loss.
• Renouncing foreign citizenship allows reapplication for Nepali citizenship.
• Appeal against revocation within 35 days.
• Facilitating false citizenship: 6 months–3 years imprisonment, NPR 25,000–50,000 fine, or both.

Rights: Concept and Types

Concept of Rights

• Rights are claims for dignified living in society.
• Recognized by society for collective good.
• Dynamic and evolving.
• Holland: "A right is an individual’s capacity to influence another’s duty."
• Austin: "A right enforces specific actions."
• Bile: "A right is a legitimate claim to freedom for specific actions."
• Bosanke: "Rights are claims accepted by society and enforced by the state."
• Laski: "Rights are conditions for comprehensive personal development."

Characteristics of Rights

1. Essential for personal development.
2. Individual or collective claims.
3. Recognized by society.
4. Exercised within society.

Essential Elements of Rights

1. Rights and duties are complementary.
2. Rights are limited.
3. Rights are society-recognized.
4. Rights are social.

Types of Rights

Rights are categorized into social and political types:

a) Social Rights

No conditions required:

1. Right to life protection.
2. Religious rights.
3. Cultural rights.
4. Property rights.
5. Freedom of thought/expression.
6. Right to form organizations.
7. Right to a name.
8. Right to movement/travel.
9. Right to recreation.
10. Right to family life.
11. Right to protection of dignity.

b) Political Rights

Absence makes one a non-citizen:

1. Right to vote.
2. Right to be elected.
3. Right to public employment.

Fundamental Rights

Constitutional rights are fundamental rights, divided into five types:

1. Natural rights.
2. Moral rights.
3. Legal rights.
4. Civil rights.
5. Political rights.

Fundamental Rights in Nepal’s Interim Constitution 2063 (Articles 12–32)

Article 12: Right to Freedom

1. Right to live with dignity; no death penalty laws.
2. No deprivation of personal liberty except by law.
3. Citizens’ freedoms:
   1. Opinion and expression.
   2. Peaceful assembly without arms.
   3. Forming political parties.
   4. Forming associations.
   5. Movement and residence in Nepal.
   6. Engaging in profession, employment, industry, trade.

Article 13: Right to Equality

1. All citizens equal before the law.
2. No discrimination based on religion, race, gender, caste, tribe, origin, language, ideology.
3. State shall not discriminate; special provisions allowed for marginalized groups.
4. No wage or social security discrimination between genders for similar work.

Article 14: Right Against Untouchability and Racial Discrimination

1. No untouchability or racial discrimination; punishable with compensation.
2. No denial of public services or access to public/religious places.
3. No restriction of goods/services to specific castes.
4. No promotion of caste superiority or discrimination.
5. Violations are punishable.

Article 15: Right to Publication, Broadcasting, and Press

1. No prior restriction on publishing/broadcasting, except for laws protecting sovereignty, harmony, morality, or preventing sedition, defamation, etc.
2. No media shutdown or deregistration.
3. No press shutdown for publishing content.
4. No obstruction of communication mediums except by law.

Article 16: Right to Environment and Health

1. Right to a clean environment.
2. Right to free basic health services.

Article 17: Right to Education and Culture

1. Right to basic education in mother tongue.
2. Right to free education up to secondary level.
3. Right to preserve and promote language, script, culture, heritage.

Article 18: Right to Employment and Social Security

1. Right to employment.
2. Social security for women, laborers, elderly, disabled, helpless.
3. Right to food sovereignty.

Article 19: Right to Property

1. Right to acquire, use, sell, or transact property.
2. No state acquisition except for public interest.
3. Compensation for acquired property as per law.

Article 20: Right of Women

1. No discrimination based on gender.
2. Right to reproductive health.
3. No violence against women; punishable by law.
4. Equal rights to ancestral property for sons and daughters.

Article 21: Right to Social Justice

Ensures justice for marginalized groups.

Duties: Concept and Types

Concept of Duties

• Rights come with corresponding duties expected by society.
• Srinivas Shastri: "Rights and duties are two perspectives of the same thing."
• Laski: "My rights are inherent in fulfilling my duties to the state."
• Article 1: Duty to abide by the constitution.
• Constitution 2047: First to include right against preventive detention.
• Constitution 2047: Provided 13 fundamental rights.

Types of Duties

Duties are moral and legal:

a) Moral Duties

1. Duty to Oneself: Be educated, ethical, disciplined, self-reliant.
2. Duty to Family: Ensure family happiness.
3. Duty to Society: Work for societal betterment.

b) Legal Duties

1. Complying with state laws.
2. Patriotism.
3. Paying taxes.
4. Providing military service.
5. Contributing labor.
6. Voting.
7. Fostering mutual tolerance.