Transformation of Guthis: Examining Control, Ownership, and Cultural Rights in Nepal

Abstract

On June 19, 2019, Kathmandu’s Maitighar Mandala became the site of a massive public uprising, the largest since the 1991 People’s Movement that ended autocratic rule and ushered in a democratic system. Unlike the political protests of the past, this demonstration united communities in opposition to the proposed Guthi Bill, which sought to nationalize centuries-old community trusts known as guthis. For Nepal’s indigenous Nevāḥ community, guthis are not merely trusts but vital institutions of social identity, belonging, and cultural continuity, deeply tied to their heritage. The government’s first nationalization of guthis in 1964 had already centralized their management, land endowments, and assets under the Guthi Sansthan, significantly diminishing their autonomy. The proposed bill, seen as another attempt to erode guthi traditions, sparked widespread outrage. This paper examines how guthis have been defined and transformed within Nepal’s legal framework, from their treatment in the Muluki Ain of 1854 to the proposed Guthi Bill. It highlights how the 1964 Guthi Act reduced guthis to mere land endowments, overlooking their cultural and communal significance. This paper seeks to answer: how are guthis conceptualized within Nepal’s legal system compared to their indigenous understanding? Using a legal-historical analysis, this study explores indigenous perspectives on guthis to address the central question of ownership: who truly has the right to define and control these historic institutions? The findings contribute to broader discussions on indigenous rights, cultural preservation, and the intersection of law and tradition.