Why is the government only making agreements with Swargadwari guthipidi?

MPs, Ministers, Prime Ministers, heads and representatives of political parties, local governments, state governments have expressed their pain to all of them. However, as the problem remains, Swargadwari is forced to sit on the cold streets for months and carry out painful protests.

Falgun 29, 2081

Deepak Sapkota

Why is the government only making agreements with Swargadwari guthipidi?

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Guthi Bhoomi is land allocated by the state and members of wealthy families to generate some income for religious or charitable work. The farmers who worked as Mohis in that land used to feed Guthi and earn a living. Some farmers got Mohiyani rights after earning the land, but the story of Swargadwari Guthipuri farmers is different. They never got the landlord's contribution, but continued to earn land. He could neither sell nor mortgage. Instead, he continued to pay and live like a widow.

Dang's Swargadwari Guthipidit kept thinking of himself as a caged bird for years, who could not call the land he plowed all his life 'his'. Even though the agreement with the government was not implemented many times, he did not stop dreaming of owning the land.

Basuram Choudhary (71), who has not stopped dreaming, has been waiting for the government with a placard on the cold streets of Kathmandu for a month. Like him, 100 aggrieved farmers who came from Dang to express their grievances to the government are protesting at Maitighar in Kathmandu. And, at night, they live in a Dharamshala of Gaushala . Basuram was found in Dharamshala on a cloudy day in February. When it was cold in Kathmandu, he remembered Dang's house, he remembered his children and family. After seeing thick snow in the city, he remembered the crops he had planted in the land under Guthi .

 'What happened to that crop ? Did Tusaro eat it?,' while thinking like this, turning to the cold air mixed with water particles from the window panes, he called the village several times and kept searching for crops. "We have done farming on that land, our ancestors lived there for generations, our forefathers have made that land grow and grow crops," Basuram said, "We farmers have taken care of the land, but we fell into injustice as we did not get the ownership . I am old, now my children would get justice, I have come to this cold for their justice . We came to Kathmandu after never fulfilling the contract, after demanding the ownership of the land we plowed ourselves. Instead, we will die, we will not return home without fulfilling our demands.'

Since last January 20, Mohi farmers of Swargadwariguti in Dang have been on a continuous sit-in. They are sitting in the maitighar of Kathmandu and saying to the government - grab the Guthi land... .

In this way, a month has passed since the farmers sat on a continuous dharna . Meanwhile, the government has not even been able to have an intensive discussion about their demands. The government has formed a committee at the joint secretary level, but the committee has not been able to effectively negotiate and persuade the agitating farmers.

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The definition of Guthi in Section-2, Clause-C of the Guthi Institute Act, issued under the red seal on 4th November 2033, says-'Guthi means any temple, temple, temple, dharamshala, pond, stream, stream, road, ghat, bridge, chautara for any religious or charitable work. In order to build, operate or protect a gaucharan, garden, garden, forest, library, school, dispensary, hospital house, building or institution, any donor should remember his movable property or any other property or money that comes to him. They are plowing under Guthi . However, the ownership of that land is in the name of Swargadwari Guthi.

Why is the government only making agreements with Swargadwari guthipidi? There will always be an agreement with the government, but it will not be implemented! Fed up with that situation, the farmers came back to Kathmandu in anger. They get assurance, they return to the village . The promise is not fulfilled, they come to Kathmandu again with more demands. "Why is the compromise government not honest?" is the question of the farmers.

'We have been sent home in vain before, but the commitment is not implemented,' we went to the Prime Minister, Minister of Land Management, former Prime Ministers and complained, but the government did not fulfill the promise,' says Pravin Dahit (25) of Ghorahi-14, secretary of Mohi Kisan Sangharsh Samiti Dang, a victim of Swargadwari Guthi, says, 'That's why we came to Kathmandu again.' They are in the movement .  Instead, the administration represses them but does not fulfill the demand . The government finds it easier to repress than to address the demand . In the clash a week ago, both the farmer and the police were injured. Farmers are getting more and more frustrated by the situation where the demand of the farmers is not being addressed, but rather clashes.

Farmers who have received hopes and promises from the government time and again, but who are adamant that they will not compromise on the unimplemented Fosro assurances, say that they will not return until the government table a table in the legislative parliament to solve the Swargadwari Guthi problem . The idea that the sit-in is not quiet, but rather loud, the police dharpadak on Babarmahal Bridge on the 30th day of the sit-in also indicates that .

The oppressed, oppressed, squatters and landless farmers also sat on a dharna at the main party office of Nepal on the call of the National Land Rights Forum - on May 7, 2064 . After a few days of dharna, some parties issued a press release and commitment letter on May 11. The opinion of all those parties was that land reform should be carried out on the basis of the policy of 'whose land is his vessel'.

parties also kept giving assurances, but kept forgetting after coming to power. Guthipidis are also angry that the party's promise of 'land supply' to the landless farmers has not been fulfilled. The then General Secretary of UML Madhav Kumar Nepal, Office Secretary of Maoist Sriram Dhakal, General Secretary of Male CP Mainali, General Secretary of Jan Morcha Nepal Ghanshyam Sharma Paudyal, Chief Secretary of Congress Shobhakar Parajuli signed the letter of commitment and press release to help address the demands of landless farmers. Agreements were made between the government and the farmers many times. 

Last year (2080 from February 7 to 1 month) the farmers were in a long protest, in Dangmai . Even then, the government had an agreement with the farmers.

When will the land problem be addressed? Minister of Land Management, Cooperatives and Poverty Alleviation Balram Adhikari says, 'Now the Prime Minister has directed to make 11 new laws. We are also drafting the Land Act . We are implementing the Land Act- 2021, Land (Examination) Act- 2019. However, it did not solve the problem of the people. We free the landless from this problem forever by making them landowners . We are working to make the people the owners of the land.

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Farmers have been protesting since 2045 that they should own the cultivated land. Kisan has a Mohiyani share, but on 14th Chait 2062, the joint bench of the Supreme Court issued an injunction and canceled that share too . Since then their movement has not stopped . The Supreme Court had ordered that 'Swargadwari Guthi is a private Guthi of a special nature and therefore the land of the Ashram cannot be fragmented'. It has been years since Mohi farmers have been demanding justice against the Supreme Court's order with evidence of Mohipurja.

The district-centered movement of the Guthi-affected farmers who plowed the land of Swargadwari Guthi since 2045, even after years of moving to the capital, the government is busy negotiating a deal . They have 3 demands in this movement.

1. A legal arrangement should be made to transfer the land cultivated by Mohi farmers in the name of Mohi.

Why is the government only making agreements with Swargadwari guthipidi? 2. To restore the right of expropriation of Guthi land which is said to be private of a special nature. 

3. Arrangements should be made to submit the amount to be paid by the farmer through Tiro Ward of Raitani Wapat.

Last year, a two-point agreement was reached between the Swargadwari Guthi victim Mohi Sanghsarsh Committee and the government. This agreement is not void. For that, more than 2,000 Guthi victims sweated in the street fighting against the scorching sun and heavy rain of Dang. After a continuous and intense protest for 31 days, the Ministry of Land Management, Cooperatives and Poverty Alleviation signed a two-point agreement with them on 7th Chait, 2080. The two points were as follows:

(1) To organize the arrangements made by the Constitution of Nepal 2072 regarding Guthi and also to address the demands of the struggling Mohi farmers who are currently living on the land of Swargadwari Ashram, to start the process of drafting a new unified law on Guthi immediately.

(2) The struggling Mohi farmers have made various demands and all the programs of the struggle that they have been doing since today are postponed from today and provide the necessary advice, suggestions and support to the relevant bodies in a representative manner in the process of drafting the necessary laws related to Guthi. 

However, Bharat Giri, secretary of the Swargadwari Guthi victims' struggle committee, says that the agreement has not been implemented. He says, "After this agreement, we had a lot of hope and trust with the government, but this trust turned into disappointment". Now we are very sad . That's why we are sitting on the dharna on the cold road in Maitighar to convey our pain, pain and suffering to everyone. That's why they hang a garland around their necks every day when they sit on dharna in Maitighar Mandal. That is the rosary – the pearl part they have. That is currently not working . The reason for this is the order of the Supreme Court on Chait 14, 2062. It was said by the joint bench of the Supreme Court, "According to the desire of Mahaprabhu expressed in the copper letter of 1996, the ashram should be run by disciple trainers and since it is a private guthi of a special nature protected by the government and Guthi Sansthan, there should be no interference to the autonomy of the ashram, and the land registered in the name of the Swargadwari Ashram should not be destroyed and embezzled in any way so that the work of the Yagya is not broken." '

That order was issued in the name of Ministry of Land Reforms and Management and Central Office of Guthi Institute. According to the land expert Jagat Deuja, after the decision made by Judges Ram Prasad Shrestha and Damodar Prasad Sharma, even the mohi rights of the farmers have been taken away. "By making a simple law, the land that is being cultivated by the farmers should be registered in the name of the farmers. Only this can pacify the agitated farmers', he says.

This problem has 12 mauzas (Zhigaura, Dhoreni, Padda, Nainwar, Rampur, Palase, Uchanimbu, Arnhawa, Chailahi, Surkedagi, Shahipur and Vangaon) in Dang district alone. About 16,000 people of 3,500 families live in it. Even when there is such a big problem, the government does not pay attention, instead the farmers themselves become active and listen to the government saying 'let's not leave this problem, let's solve it'. Farmers who have to work in agriculture and production are forced to agitate sometimes in the hot sun and sometimes in cold streets, says Lam Bahadur Darzi, president of the National Land Rights Forum, Nepal . "This is doing a lot of injustice to the farmers", President Darzi says.

071 On June 9, a 9-point agreement was reached between the Ministry of Land Reforms and Management and the National Land Rights Forum. In clause 6 of the agreement, it was said that the ministry will form a study team to solve the problems of different types of Guthi lands in various districts including Sindhupalchok, Palpa, Nuwakot and Haku gauis of Rasuwa district and take the initiative to solve the problem and start the study and investigation from Haku gauis of Rasuwa district and play a role in reviewing the decision of the Supreme Court regarding Guthi Raitani.

In April 2076, as soon as the then Minister of Land Management, Cooperatives and Poverty Alleviation Padmakumari Aryal registered the 'Bill to consolidate and amend the Guthi-related Law, 2075' for discussion in the National Assembly, the government has not yet been able to resume the bill, which was stopped after the Guthiyars protested in Kathmandu Valley. Pravin Dahit, Joint Secretary of Swargadwari Guthi Victims' Sanghharsh Committee, who is also the coordinator of the ongoing movement in Kathmandu, says, "We became squatters because of Guthi". It is not that we do not have land, but according to the current law, we are like landless. We have done farming, livelihood is also going on, but there are no parts . In today's era, not having land is like having no property, that's why we are saying to the government, there is land, but there is no land. Give the parcel of land . We will pay the revenue due to the government annually.'

It is stated in the constitution of Nepal 2072 in section 290 of the Guthi system, the federal parliament will make the necessary laws regarding the rights of the farmers and Guthi who are entitled to the Guthi land. In item 21 of the Schedule 6 list of rights of the province, Guthi management is the responsibility of the provincial government . Article 51 of the Constitution of Nepal, sub-clause 'E', in the policy system related to agriculture and land reform, emphasizes on ending dual ownership of land, giving priority to farmers and reforming land. Emphasis has been placed on creating a land use policy to discourage absentee land ownership, protect the rights of farmers and commercialize it to increase agricultural production and productivity.

Land activist and writer Biswas Nepali says, "The Guthi problem cannot be solved without solving it, the farmers must be freed from this problem". The constitution of Nepal has directed the government to make necessary legal arrangements to give ownership of land to farmers who have tilled Guthi land, but the government has not shown readiness.

Why is the government only making agreements with Swargadwari guthipidi? A decision of the Supreme Court on 14th Chait 2062 has become an obstacle for farmers. That is why farmers are demanding new laws. The decision of the Council of Ministers on Chait 1, 2045, made arrangements for the land in Pyuthan and Dang districts of Swargadwari Guthi not to be demarcated. When that happened, Guthi became the owner of immense land ownership .

In point 39 of the supreme judgment, the phrase "an attempt to get the land by making a land mafia contract, turning it into a Rajguthi and turning it into a Guthi Raitan" has been mentioned. Farmers complain that this is a great insult to the sons of the earth Tharus and always feel pain. It is said in that point, "If there is a strong possibility that the homadi work of the Yagya will be broken and if the land registered in the name of Swargadwari Ashram is Rajguthi, according to section 36 of the Guthi Sasthan Act, 2033, the Mohi who earns the land can convert it into Guthi Raitan number by paying the specified amount according to the Guthi Sasthan Act, 2033, and if a private Guthi is established, the Mohi can convert it to Guthi Raitan Number, Section 26B of the Land Act, 2021. The land of Swargadwari Ashram will be considered as a special type of Guthi and protected because it can be taken by dividing the land and it will hinder the operation of the ashram. Farmers complain that this point is an obstacle.

The government formed a working group to draft a new law related to Guthi under the coordination of Kiran Shakya, administrator of Guthi Institute, on 6th Baisakh 2081. The task force was given a period of 60 days . Guthi victims complain that the working group has not even submitted the draft law to the Ministry of Land Management, Cooperatives and Poverty Alleviation.

Land expert Jagat Deuja says that if there is a need to make a different law to protect the land in Kathmandu Valley and other special places, then a solution should be given to the land related to farmers. "It is necessary for the government to revise and amend the Guthi Act, taking into account the current changing situation," says Deuja.

'Lalpurja system established by the state has left a large number of farmers landless today. Jojas have access and power, Jojas have power, as much as they are occupying the land, they also have red parts that run everywhere', says land activist Sushma Neupane, 'but those who are farmers who sweat on the land, they are without red parts . are landless . It is also seen in the youth of the new book that how long will such an unjust system be tolerated.'

At various stages of the land rights movement, the government, government leadership, political parties and representatives have been demanding a solution to the Guthi problem at various stages and agreements and agreements have also been reached. The manifesto of the elections held every 5 years and their political documents not only include the issue of solving the Guthi problem, but the representatives who go door-to-door express their commitment to solve it.

On October 1, 2016, the 5-point agreement between the National Land Rights Forum and the Ministry of Land Reforms and Management of the Government of Nepal states that in point-3, "the Ministry of Land Reforms will start the system of converting Guthi land into rakes and issuing joint ownership certificates in the name of husband and wife". Similarly, in point 3 of the same agreement, it was written in point 3.3 of the listed demand that the proposal of the Council of Ministers be taken within 15th of October 2063, "to convert the land of Guthi in the rural area into Raker in the name of the respective farmers".

Why is the government only making agreements with Swargadwari guthipidi? 2065, from November 2, landless people from all over the country staged a dharna in the capital for 13 days. On the 13th day of the sit-in, there are 4 points in the agreement signed by the then Information and Communication Minister and Spokesperson Krishna Bahadur Mahara on behalf of the Government of Nepal and President Baldev Ram on behalf of the National Land Rights Forum. In point 1 of which, it was said that "within 2 weeks, a high-level empowered land commission will be established and a blueprint for overall land reform will be implemented". In sub-item-1 of the same point, it was written that 'real Mohi, landless and slum dwellers will be identified and distributed arable land necessary for the livelihood of the family'. In sub-item 4, it was said to "prepare and implement a blueprint for comprehensive land reform". In point-2 of the agreement, it was also said to "solve the problems related to overall land management, and land ownership by preparing and implementing a new public-oriented land law and repealing the landlord-oriented land law".

These and such contracts and assurances have been received time and again by the farmers. After the promulgation of the constitution of Nepal 2072, the farmers of the last generation who are suffering from Guthi have been holding protests, sit-ins, delegations, discussions, submission of demand letters etc.

They have expressed their pain to all parliamentarians, ministers, prime ministers, heads and representatives of political parties, local governments, state governments. However, as the problem remains, Swargadwari Guthipeedi is forced to sit on the cold streets for months and carry out painful protests.

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Deepak

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