The document discusses Guthis, which are indigenous cultural associations in Nepal that maintain religious sites and traditions. It provides background on the origins and types of Guthis, and describes how the government's proposed Guthi Bill in 2019 aimed to nationalize all Guthis and regulate religious sites, sparking protests from Newar communities. The bill was seen as threatening cultural heritage. While the government withdrew the bill due to pressure, the future of preserving Guthi traditions remains uncertain in a changing social context.

1. Guthi Bills: How Cultural Appropriation Challenges
to the Government of Nepal
Suman Kharel
Tribhuvan University, Saraswati Multiple Campus
ABSTRACT
Guthi is an association formed by groups of indigenous people based on kinship, caste or
territory for the purpose of establishing religious, cultural and social spirit. The origin of
Guthis can be traced back to fifth century Nepal. They can arguably be considered the
country’s first land pooling system, where the community tilled endowed land to generate
revenue, which would then be mobilized to maintain temples, public shelters or water
sprouts, or organize chariot processions and religious performance art. Guthis also provided
fellowships for the arts and various other professions. In later days, most of the Guthis are
now slowly becoming lost due to social structural changes of communities. Likewise, due to
the significant changes in the past fifty years such as the nationalization of the Guthi system
and land reform campaigns bringing different act and bills. Recently, huge protest manifested
against the Nepal government's Guthi amendment bill demanding withdrawal of the bill
because it has provisions which jeopardies the conservation of cultural heritage and traditions
of the country. The protest received outrage from various ethnic communities, especially the
Newar community in Kathmandu valley. Finally, the government has decided to withdraw
the controversial Guthi Bill 2019. Therefore, the paper attempts to explore how cultural
appropriation challenges to the government in the Guthi bill context. The paper is based on
my close observation of the protest against the government's Guthi bill and review of the
documents related to the Guthi system in Nepal.
Keywords: chariot; indigenous; kinship; religion; tradition
1. INTRODUCTION
There are many things that have to be learnt from the system of Guthis (trusts) that are
prevalent in Nepal. Till now, native and foreign scholars through their research and study
have written about the Guthis. But,it cannot be said definitely that whatever they have written
is adequate enough to explain what truly represents the Guthis. It is still true to say that much
still remains to be learnt from the Guthis followed by the Newars of the three cities of the
Kathmandu Valley and other Newars living in the Newar settlements in cities and villages of
other parts of the country.
The ancient and unique practice which sustained the agrarian Newar community has been
passed down from generation to generation. It’s exactly how garden-variety Guthis today
continue to observe rituals or traditional practices, and organize both religious and social
festivals in the Kathmandu Valley [1]. But not without challenges. At various points in
Nepal’s history, both the state and its rulers have occupied or nationalized Guthi-endowed
lands for personal or state use. Rana-era palaces, government buildings, including Singha

2. Durbar, and a number of hospitals were once land cultivated by trustees from Guthis. The
nationalization and occupation of Guthi lands have wiped out many Guthis and also resulted
in financial crises, directly impacting heritage conservation.
The Guthi system is therefore integrated into the social structure of the communities and
hence was not only successful but also highly sustainable. It is a system like no other in the
world and can be highlighted as a model of a system that worked not only to preserve
tangible but also intangible aspects of culture within the Kathmandu Valley [6].
1.1. Theoretical aspects of Guthi
1. Guthi was created for doing a work for the common cause. The fruit of this common
endeavor is evenly shared by all partners of the Guthi.
2. Guthi is a proof of selfless service.
3. Religious feeling is the very life spirit of Guthi and all the activities of Guthis are inspired
by religion.
4. Devotees constructed chaitya, temples, inns, sheds, wells, water taps, sinking washing
places, ponds, open grounds inspired by the idea that one who is able must contribute
something to the society and devotees established Guthis for their upkeep [2].
5. One of the rules of the Guthi is that any work must be done in an appointed auspicious day.
That work can be done in advance but cannot be postponed.
6. According to the concept of the Guthi, seniors must be respected and the instructions of
seniors must be carried on.
7. There is no discrimination between the rich and the poor, worthy and unworthy, old and
young in the Guthi,. All are equal in the Guthi.
8. Any important activity of the Guthi is done by partners turn by turn. It is a rule of the Guthi
that one who takes the turn must not be given financial burden. If income is not adequate for
doing that important activity, equal contribution must be collected from the Guthiyars.
9. Guthiyars have equal rights in the Guthi. It is the duty of the Guthiyars to assist in the work
of Guthis.
10. It is the duty of Guthiyars to preserve the fixed or floating assets of Guthis [3]. But it is
the special responsibility of the Thakali (The head of the Guthi) and Guthi pala (The
Guthiyar who takes the turn of doing the important activity of the Guthi) to see that the assets
are well maintained.
1.2 Basic principles of the Guthi
According to scholar David Gellner [4], the basic principles of the Guthi are the following:
1. Guthi is established in a particular locality, place or large place.
2. The leadership of the Guthi is transferred or handed over in a hierarchical order.
3. The works to be done by Guthi are enstruted to Guthiyars turn by turn.
4. Most of the Guthiyars are males. The same Guthiyars become representatives of the
households.
5. There will be a god that represents the unity of the Guthi. During the festive occasion,
anything is eaten only by offering the food to that god [5].

3. 1.3 Classification of Guthis:
There are two kinds of Guthis. They are Rajguthi (state run Guthi) and Niji Guthi (private
Guthi). Rajguthi includes chhut guthi (exempted Guthi).
Niji Guthi includes: 1) Religious Guthi 2) Service-oriented guthi 3) Communal Guthi and 4)
Entertainment-oriented Guthi.
Normally, the guthi established by the kings and members of the royal family are called
Rajguthi. Those guthis established by the people, and the guthi taken over by the government
due to various reasons are known as Rajguthi. Chhut guthi is a variety of Rajguthi.
Nijiguthi
Nijiguthis are the guthis that are established from the income of the people or established
collectively. Nijiguthi are not registered in the government office. There are two kinds of
nijiguthi. One is swaguthi and the other Guthiyadugu. Swaguthi is the guthi created by the
donor for taking care of chibaha (small chaityas), phalacha (resting places), and to make
arrangement of preserving ornaments of temples, worships, feasts. There are no guthiyars in
this guthi. Some Guthis which have the number of guthiyars have guthiyars upto 2500
members.
Religious Guthi
In fact, most of the Guthis were created to do essential works after the completion of worship
rituals. Even then, guthis which confine their activities to worship of deities are religious
guthis. Busada (consecration) and recitation Guthis, dhalan (observance)
guthi, Panchadan are religious Guthis.
Service - oriented Guthi
The guthi that was created for providing service to the society is called service-oriented
society. Such guthis are sigu (for funeral service) Latwankegu (serving the water), sithi, etc.
There are also service-oriented Guthis which feed corn to the monkey and to the cows taken
in the procession during the Gaijatra festival.
Common Guthi
The Guthi that is run by people of a certain caste is communal guthi.Degupuja (worship of
lineage deity) Acharya Guthi, Bare (Shakya-Vajracharya), Kasa (Kansakar), Nhayasasayami
(700 sayamis) are communal guthis.
Entertainment - oriented Guthis
Guthis that give prominence to entertainment along with religious feeling are entertainment -
oriented guthis. Nasaguthi is a uthi in which feast is served after worshipping Nasadyah (the
Newars god of music and dance). In the Nasaguthi guthiyars gather together, sing song, play
musical instruments and dance. That is why it is called entertainment - oriented Guthi.
Periodic or seasonal Guthi
Purva sewa, Punhi sewa (rituals performed during the Full Moon Day), chahare sewa (ritual
performed on the fourth day of month) which were observed for some years but were
discontinued are called periodic Guthis.

4. Kacha guthi
In important Guthis like Deochagu, members of Guthis like Vajiju, Chyagu,
Jusinaju participate. Guthis under a big Guthi are called kacha (branch) Guthis.
2. REVIEW OF GUTHI BILLS 2019
In 1964, the government set up a corporation the Guthi Sansthan to nationalize all Guthi land.
There was little opposition then, as public unrest those days was rare and easily suppressed.
With all the endowed land that the government had nationalized, the Sansthan would generate
revenue by leasing land out to individuals and companies or by building business complexes
to rent. The income would go towards partially funding rituals and festivals. Today, the
Sansthan currently oversees 1.45 million ropanis of land across the country with some 2,335
public Guthis incorporated under it. The numbers are only expected to grow once the Survey
Department prepares its final report.
It was unfortunate that the Sansthan had remained idle without generating income in the
name of property protection, the minister said while expressing readiness on the ministry’s
behalf to foster development of the Sansthan. Then, earlier this year, on April 29, Minister of
Land Management, Cooperatives and Poverty Alleviation Padam Kumari Aryal tabled a bill
at the Upper House that would consolidate all acts and amendments related to guthis. But the
bill also proposed a powerful commission to replace the Guthi Sansthan and to nationalize all
Guthis, both public and private, and regulate all religious site.
The Guthi Bill 2075 proposed by Nepal Minister of Land Management, Cooperatives
and Poverty Alleviation Padma Kumari Aryal aimed to:
 Nationalize all Guthis – public and private
 Consolidate all the acts and amendments related to guthis
 Replace the Guthi Sansthan – a government authority accountable for all guthis
in the country
 Regulate all religious sites
The Guthi bill in Nepal proposed the following provisions:
 According to Article 26 of the Nepali constitution, the bill violates the
constitutional rights of Nepali citizens, which states that every religious
denomination has the right to operate and protect its religious sites and guthis
 Section 23 and 24 of the Guthi Bill gives the concerned authority control over all
rights and responsibilities of the Guthi, which includes trustee rights, previous
documentation and agreements including court orders.
 Guthi Bill section 4 states that all private Guthis should be nationalized, which
Guthi trustees say is insensitive and disregards the different Guthis and their

5. functions in the Newar society. Private Guthis are controlled and run by family
members of the same lineage, with no interference from outsiders.
3. STREET VS GOVERNMENT
Since then, the Guthi Bill has received serious objection from members of Kathmandu
Valley’s Newar community, who have been holding protests, mass meetings and rallies
calling for the immediate withdrawal of the bill. The Guthi Bill, which is currently with the
Upper House, proposes repressive provisions that would nationalise both private and public
guthis, regulate all religious sites, and replace the Sansthan with a powerful authority. The
Newar community sees this as the final straw in the systematic erosion of indigenous Newar
culture and rights by the state.
Guna Raj Luitel, editor of the Nagarik newspaper, said that the government was showing
"authoritarian" tendencies.
"We are seeing is that the government feels it can do anything with its majority in the
parliament. It is seeking to concentrate power while silencing the people," Luitel said.
According to trustees, the bill violates the constitutional rights of citizens as Article 26 (2) of
the constitution says that every religious denomination shall have the right to operate and
protect its religious sites and religious guthi.
But Sections 23 and 24 of the Guthi Bill are riddled with contesting and ambiguous
provisions that will allow the proposed authority to take over all rights and responsibilities of
the guthi, including all trustee rights. The bill would take precedence over all other rights,
documents and past agreements, even court orders.
Section 4 (6) of the bill also proposes nationalizing and regulating all private Guthis, which
trustees say is insensitive and in utter disregard of the different kinds of Guthis and their
functions in Newar society.
Private Guthis are exclusively for family members who share the same lineage and outsiders
are barred from the guthi’s rituals.
"They are attacking our heritage. Guthi has been part of our culture for generations and we
will not let the government take it away," protester Nani Maiya Maharjan told AFP news
agency.
Aryal submitted a proposal on annulment of the Guthi bill from the National Assembly on
June 18, 2019, after succumbing to pressure from all sides.
“A resolution has been expressed on behalf the government that it will not waver an
inch to work in deference to the spirit and sentiment linked with ‘our religion, customs,
values, and heritages like temples and shrines,” Aryal said.
The Minister added that the government had no intention to harm or hurt the religion
and culture, as well as the spirit and sentiment of Guthis in various communities, while
addressing lawmakers at the discussion on Ministry of Land Management, Cooperatives
and Poverty Alleviation’ of Appropriations Bill, 2076.

6. 4. CONCLUSION
Under the influence of the present education system which relies much upon materialism, the
emerging youths of Newar population have started calling their traditional religion and
culture as conservative and outdated. They have virtually forgotten what truly constitutes
Newar Buddhist society. The income from the Guthi land is dwindling gradually. The land,
the source of income, for the Guthis, has been confiscated for some reason or other. The
government has not taken any initiative to preserve the Guthis run by Buddhists. Instead of
preserving them, the government is uprooting the very foundation of Guthis by acts such as
land acquisition. In such a critical period, the guthiyars have to be aware of the challenge of
time. They have to bring timely reforms in Guthi management for continuing the Guthis. If
this cannot be done, the Guthi tradition may disappear.
5. REFERENCES
[1] Regmi, Mahesh Chandra (1976). Landownership in Nepal. University of California Press.
p. 252. ISBN 9780520027503.
[2] Bernhard Kölver and Hemraj Śakya, Documents from the Rudravarna-Mahävihära, Pätan. 1. Sales
and Mortgages (1985), esp. disc. on pp. 18–21.
[3] John K. Locke, Buddhist Monasteries of Nepal (Kathmandu: Sahayogi Press, 1985), esp. pp. 10, 14,
and passim
[4] Gellner, David (2010). SANA GUTHI AND THE NEWARS: Impacts of Modernization on
Traditional Social Organizations
[5] Bajracharya, P.R., 1998, "Role of Guthi in Newar Buddhist Culture", Paper presented in
Newari during “Conference on the Buddhist Heritage of Nepal Mandala” held in Kathmandu,
Nepal, Available at http://www.aioiyama.net/lrc/papers/cbhnm-ppr6.htm accessed on 23rd
Nov, 2009
[6] Phanindra Ratna Vajracharya, "Role of Guthi in Newar Buddhist Culture” (1998 conference paper
summary)