Adopted citizenship is not a right like the citizenship of a descendant, it is a facility provided by the state
Although the practice of granting naturalized citizenship on the basis of long-term residency and marital relationship is practiced all over the world, it is necessary to clarify a few things about the ongoing discussions in Nepal regarding the adoption of marital citizenship after marital relationship.
First of all, adopted citizenship is not a right like the citizenship of a descendant, but a facility provided by the state. Therefore, countries around the world have developed seven or eight different bases as criteria and given citizenship only on the basis of marriage.
Residence period, renunciation of previous citizenship, language, knowledge of the country of citizenship, good character, innocent record, and oath of allegiance to the country of citizenship is the main grounds for granting adopted citizenship.
In Nepal too, in the Citizenship Bill, it is very necessary to prescribe a fixed gestation period considering the same grounds for granting adopted citizenship. In this regard, the decision of the ruling CPN (Maoist) to maintain a seven-year term can be considered positive. It is my personal opinion that this period should be maintained for ten years.
It is necessary to give a definite period of time to any aspirant for adopted citizenship to learn to read and write Nepali fluently and to understand the national interest of Nepal and take the oath of allegiance to the sentiments expressed in the Nepali Constitution. Such a period of three years has been established in developed countries like the UK, Italy, and Japan. The five-year gestation period in the Philippines and Indonesia is for granting adopted citizenship.
Since a period of seven years has been fixed in India, it is seen that seven years have been tried in Nepal on the basis of reciprocity. In the UK it is even necessary to pass an exam called life in the UK test. In Brazil, it is compulsory to know Portuguese. France also has a mandatory requirement to know French. This means that citizenship is not given directly after marriage.
Now it comes to the constitution. It is necessary to make provision in the Act to implement Article 11 (6) in the same manner in accordance with the provision of giving citizenship to non-resident Nepalis of Nepali origin with only socio-economic rights in Article 14 of the Constitution. Political rights cannot be granted to the adopted. This would be detrimental to a country without proper border management. Article 289, sub-article 2, stipulates that in order to be appointed to various constitutional posts, one must have completed 10 years of adopted citizenship and that it will take time to integrate into Nepali soil. Instead of promoting marriage adoption, it is important to encourage marriage within Nepal.
As Nepal is the least developed country in itself, it is not necessary to bring in a large number of people from abroad to add to the burden on the population and per capita income and all the claims of the citizens towards the state. On top of that, in the event that the natives become a minority, in the long run, there is a danger that the country will not be dominated by the opinion of those who have faith and attachment to foreign lands, including the major policy-making of Nepal and the existence of the nation. In 1881, 500 went to Fiji to cultivate sugar cane around the demographic invasion by Indians in Fiji 1 99 6 Mahindra Prime Minister Chaudhry to be reached as well to remember that the country Fiji protected.
As far as foreign sons-in-law are concerned, citizenship needs to be tightened. Why daughter-in-law and son-in-law are not the same here, our socio-cultural belief is to bring in daughter-in-law and not to bring home-born. The son-in-law does not have the legal right to leave his home and send the in-laws and claim the in-laws’ share. Therefore, he is not a sharer. Without special circumstances, he will not be able to handle his in-laws’ property. Therefore, in-laws can apply for citizenship only after ten years of marriage, otherwise they cannot be given to other foreign sons-in-law.
If the Citizenship Act is not drafted properly in Nepal now, the industry of giving citizenship to foreigners through paper marriage will open in the country tomorrow. Even if they get married here and get divorced in six months and a year, citizenship stays with them. Similarly, if a person with citizenship remarries a person from his / her former country, he/she has the power to grant citizenship to another foreigner. Laws should not be made with such loopholes.
Courtesy: Amrit Kharel. Date: 2077.03.06