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