“If a man says he is not afraid of dying , he is either lying or he
is a Gurkha”
Field Marshal Sam Manekshaw (Former Chief of Staff, Indian Army)
“When you know you are with the Gurkhas there is no safer
place to be” .
Prince Harry
INTRODUCTION
 The Gurkha lead organisation, also known as the GURKHA SATYAGRAHA is
a common platform for all the major Gurkha campaigning organisations to
make a united approach to the British and the Nepalese governments in
resolving their outstanding grievances.
 The organisations within GURKHA SATYAGRAHA have made various written
and oral representation to both the British and the Nepalese governments
(including litigations) in various stages in the last 25 years. There have
been some improvements in facilities over the course of the campaign but
the core issues still remain to be resolved
 In the last 25 years of the campaign, we have seen many veterans perish
without seeing the light of justice and there are many more who are living
the last few years of their lives. Due to the complete ignorance of the
successive British governments on the main grievances of the Gurkha
veterans, the GURKHA SATYAGRAHA had no choice but to stage a hunger
strike merely to highlight their grievances and draw the attention of the
government.
AIM
 The aim of this presentation is to abreast the Honourable Members of the
inquiry, of the outstanding issue related to the Gurkhas that need
resolving.
 It will also endeavour to clear some confusion while making
recommendations and suggestions on resolving the Gurkha grievances for
the consideration by the Committee. This is also an opportunity to meet
some live witnesses who may be of interest to you.
 The contents of these presentation are based on the Tripartite Agreement
of 1947, report and recommendations of the Foreign Affairs and Human
Rights Committee of Nepal government, first hand experience of life in
the British Army, historical facts and figures and the destitution faced by
the veterans and their families after retirement.
BACKGROUND
 World War I – 200,00 Gurkhas fought for Britain. (25% of the eligible
male population of Nepal)
 Casualties - 22,000
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World War II – 250,000 Gurkhas fought for Britain.
Killed – 7544
Missing (presumed dead) – 1441
Wounded - 23,655
NEPALESE HILLS AND VILLAGES WERE LEFT WITH ONLY THE OLD AND
FRAIL WITH NO YOUNG MEN TO CARE FOR THEM FOR MANY YEARS
Countries where Gurkhas
fought for Britain
Egypt
France
England
Kosovo
Turkey
Palestine
China
Tibet
Belgium
Japan
Italy
Bhutan
Spain
India
Hong Kong
Greece
Burma
Brunei
Belize
Malaysia
Cyprus
Singapore
Libya
Afghanistan
Congo
Iran
Gallipoli
Tunisia
Falkland
Middle East
Gurkha Graves are spread across the face of the earth in nearly every country in which
Britain has fought – silent testament to Gurkha loyalty and courage.
THE TRIPARTITE AGREEMENT
 Britain has used the TPA mostly for its own benefit and ignored it when not
in its interest.
 The TPA does not explicitly state where Gurkhas are to serve - the UK or the
Far East. It clearly states that Gurkhas should be treated in the same footing
as the men of the parent army (regardless of where they serve).
 The signatories of the TPA cannot cherry pick the contents and use it only to
its advantage.
 The bilateral agreement between Britain and India on the basic rates of pay
and pension cannot be forced upon the citizens of an independent/
sovereign country. Although incorporated in the TPA, the government of
Nepal is not a signatory to that document.
 The abundance of young Nepalese queuing-up to join the British Army each
year does not give Britain the right to abuse their Human Rights and
undermine the TPA.
EXCEPERTS FROM THE REPORT
BY
FOREIGN AFFAIRS AND HUMAN RIGHTS COMMITTEE OF NEPAL
1.1 Reviewing the provisions of Tripartite Agreement of 1947,
though it appears that the delegates of Nepal, India and British
government have signed on it, Annex – 2 of the agreement
provides that the salary and allowance for the servicemen of
Gurkha Brigade serving in the British Army shall be as per the
Indian Pay Code. Annex – 2 relates to a separate bilateral
agreement between India and Britain only, in which, the
Nepalese delegate has not signed. As such, its provisions are
not mandatory to an independent country Nepal and its
subjects. Therefore, it is found that there is no equal salary,
allowance and facilities for the Gurkhas on par with other
members of the British Army as stipulated in Annex – 3 of the
agreement.
 Regardless of whatever is contained in the bilateral agreement sealed
on 7th November 1947, to which Nepal is not a party, the then
Commander in Chief Padma Shumsher had expressed a sort of
reservation in paragraph 1 of the Tripartite Agreement, to which
Nepal is also a party. It reads: If the terms and conditions at the final
stage do not prove detrimental to the interest or dignity of the
Nepalese Government, my Government will be happy to maintain
connections with both armies, provided men of the Gurkha Regiments
are willing so to serve (if they will not be looked upon as distinctly
mercenary).
 This clarifies that the bilateral agreement sealed on 7th November
1947 should not derogate the esteem of Nepal and Nepalese and His
Majesty’s Government has to categorically place that it would not be
just for Nepal to be bound by that bilateral agreement.
 When needed the British Government recruited thousands of soldiers
and at the end of war, they were repatriated in the name of
downsizing in 1947, 1968 and 1991. It is known that His Majesty’s
Government was neither informed nor its consent was taken in this
process.
Foreign Affairs and Human Rights Committee , House of Representative,
Nepal
THE REMAINING ISSUES
• Equal Pension (including preserved pensions).
• Reimbursement of underpayments and
compensations for unfair dismissals.
• Settlement Rights for Adult dependants.
• Equal facilities for Gurkha Widows
• Medical Health Care in Nepal.
STATISTICS OF GURKHA PENSIONERS
 16,065 Veterans
 6,870 Widows
(Total 22,935) under Gurkha Pension Scheme.
 3,438 veterans on charity pension (£40/ month)
 3,638 veterans without any pension.
(All the above figures are constantly in declining order)
PENSION
British & Gurkha Pension comparison 1997
Rank
British
Gurkhas
£5969
£360@15 years
Staff Sergeant
£7538
£404@19 years
Warrant Officer 1
£8616
£514
Corporal
Retirement at 12 & 15 year point – The MoD
Illusion!
 The 15 year compulsory retirement rule is forced
upon the Gurkhas and is not found in either the
British or the Indian Army !
 15 year point is the pensionable service for the
Gurkhas exactly as the 22 year point is for the British
soldiers. It is irrelevant to compare the 15 year
Gurkha pension point with the 12 year discharge
point of the British. Up to the 12 year point the
British and the Gurkhas follow the same service
extension rules at 4 – 7 – 10 & 12 year point.
BENEFITS AT 12 YEAR DISCHARGE POINT
British at 12 year point:
 Handsome gratuity.
 Job opportunity in UK
 Earnings and pension from
civilian jobs.
 Armed Forces preserved
pension at age 60.
 State benefits and pension.
Gurkhas at 12 year point:
 Extremely Low gratuity.
 No job opportunity
 No civilian job or pension.
 No Armed Forces pension at
60.
 No State benefits or pension.
Gurkhas therefore, have no
choice but to serve up to the
15 year point to receive at least
a merger pension to survive.
The Argument
 The Gurkhas have to serve the British Army for at least 15
years to earn a pension exactly like the British soldiers who
have to serve for up to 22 years to earn their pension.
 They both qualify for Army pension at 15 and at 22 year point.
 If a British soldiers earns £22 after his twenty two years of
service, a Gurkha should earn £15 for serving fifteen years by
putting his life in danger doing exactly the same job as a
British soldier ?
 British soldiers clearly have a choice of retiring at 12 year
point and get a preserved pension at age 60 or continue until
22 year point for immediate pension. While the Gurkhas have
no other choice but to compulsorily retire at 15 year point (if
not promoted further)
REDUNDANT
Thousands of redundant were sent home without any pension
and gratuities post wars and emergencies. These unfortunate
veterans began working as ploughman and labours in the villages
and hills often carrying twice their own weight in difficult
terrains. Many of these veterans (including children) are believed
to have died out of hard labours, lack of malnutrition and medical
treatments. They lived a life of destitution and dire poverty. Had
these people been paid what they rightfully deserved after
putting their lives in danger for Britain, the misery they suffered
could have been avoided on return to their villages. Britain
morally owes financial compensation to these veterans who were
sent home after the Borneo/ Malaya confrontation and to those
who were sent home on redundancy in the name of downsizing
the Brigade of Gurkhas.
TYPES OF WORK MANY REDUNDANT AND WIDOWS END-UP
DOING TO SURVIVE IN NEPAL
LIVING TESTAMENT TO DISCRIMINATION
1 July 1997
MoD constantly in the lookout for ways to disadvantage the
Gurkhas; and this arbitrary line is one example.
 The date has created a two tire Gurkhas, the Pre and the
post July 97.
 Veterans of pre 1997 include the ones involved in most
wars and conflicts.
 The pre 1997 Gurkhas and their families have been denied
the right to join the AFPS 1975 and their NI issues have
been totally ignored.
 Although overseas based, the Gurkhas were involved in the
same active duties like those based in the UK.

Inferior rules/ regulations for Gurkhas
Although considered an integral part of the British Army, Gurkhas
have been governed by different sets of inferior rules and
regulations specifically designed for the Brigade of Gurkhas: (1)
Gurkha Pay and Pension Manual (GPPM) for inferior pay, pension
and allowances (2) Brigade of Gurkhas Standing Instructions (BGSI)
for inferior accommodations, allowances and benefits (one classic
example of HQBG's discriminatory rule is the unfair dismissal of men
with nearly 14 years of service without pension and compensation
allegedly implicated in Married Unaccompanied Gurkha Addition
(MUGA) case) and (3) Brigade of Gurkhas Manning and Record Office
Instructions (BGMROI) for an alien service structures, ranks and
promotions that is not found either in the Indian or the British Army.
Gurkha Offer to Transfer (GOTT) (AFPS 1975)
 GOTT was meant to provide better pension for Gurkhas but several cases
have emerged where Gurkhas are receiving less than their GPS Pension.
 The system is so flawed that even some officers get less pension than
soldiers. This shows that the GOTT policy needs an urgent overhaul!
 As a result of the GOTT, the Gurkhas’ overseas service has been nullified
without proper justification.
 Condoned service to Gurkhas at the time of redundancy is being deducted
when transferred to the AFPS 75. They are also asked to pay back the
commutation of pension. We feel this is illegal and discriminatory. We have
been advised by a London barrister that “ As per Article 1, 1st Protocol dated
20th March 1952 to the ECHR, that the condoned service or commutation
given in respect of the pension enjoyed by servicemen constitutes
“pensionable property and the deprivation of this “pensionable property”
amounts to a breach of the law”
 The Gurkha Pension Warrant of 1949 states that Gurkha service is to be
counted 1:1 for pension purpose (also incorporated in the GPS)
 Regardless of their base, Gurkhas were involved in every operation like their
British counterparts.
UNDERPAYMENTS & UNFAIR DISMISSALS
Underpayments of Pay & Allowances
 Gurkhas were paid nearly 10 times less than their British
counterparts but were made to work twice as much.
 Gurkhas were sent home on 6 months leave every three years
but were paid basic Indian rate for the leave they earned
working on a foreign soil.
 Their separation allowances from their families were at least
three times less than that paid to their British counter parts.
 MOD has saved millions by denying the Gurkhas their rightful
dues .
 This is not an issue of compensation but a case of returning the
money owed to the Gurkhas.
EXCHANGE RATE LOSS
 A Gurkha Sergeant was paid NPR 36000/ month in 2013 =
£266 @ £1 = NPR 135:00
 Pension increase this year is 10:03% = NPR 3708. NPR 36000
+ NPR 3708 = Total NPR 39,708
 Exchange rate for 2014 is £1 = NPR 165
 Despite the 10:03% pension increase this year, the MoD will
now pay the Sergeant – NPR 39,708 / 165 = £240 only. That
is £26 less than what he was paid in 2013 despite the
10.03% increase in pension!!
Compensation for the victims of unfair dismissals on the
Hawaii incidents
 The scuffle was triggered by the British Officer (Major
Corin Pearce)
 Only 10 – 11 soldiers involved - No fair trial in military or
civilian courts.
 Soldiers were sent packing to Nepal like hoards of animals
with their families and children in a state of confusion and
shock. Cases of suicide were reported in Nepal.
 Would the MOD dare do this to a whole company of
British soldiers?
 Even the harshest military rules don’t allow that scale of
dismissal without proper investigation and provision for
legal representations in the 21st century.
Compensation - Victims of Married Unaccompanied Gurkha Addition (MUGA) case
 Low pay and allowances during service. Waiting time for a married accompanied tour
was long and unpredictable.
 Many were tempted to declare themselves married in the hope of getting few extra
penny to support their families.
 Those who were found to have declared themselves married without being married were
administratively discharged from the Army based on the Brigade of Gurkhas Standing
Instructions.
 Soldiers were discharged without proper trail by military or civilian courts. For this trivial
offence.
 How can such decisions on peoples life can be taken based on discriminatory rules that
are NOT applicable to the wider British Army?
False National Insurance
 Until 2005 the Gurkhas were employed by the MoD unlawfully by denying them the right
to pay National Insurance. They were given temporary National Insurance number in
their pay slip but were denied any link with the HM Revenue.
 The case was brought against the MoD by Lt Kaji Sherpa. MoD’s consultation with the
HM Revenue revealed that the act of not paying individual NI for the Gurkhas was
unlawful . This resulted in the MoD having to make payment backdated to 1997 at a cost
of £14 million.
 Gurkhas before 1997 have been denied this opportunity and have not qualified for a
state pension and other benefits.
ADULT DEPENDANTS
 A British High Court has recognized that: “Gurkha adult dependants are
victims of HISTORICAL INJUSTICE”.
 Children were not born adults! Had the settlement rights were given earlier,
they would have been eligible for settlement in the UK. Some of their families
have given three generations of service to this nation and now their children
are being denied the right to settlement.
 The adult dependants are the only support to their widowed mothers and old
parents in the UK in their twilight years.
 They are educated and can contribute to the local economy.
 Many dependants are likely to face deportation soon as they are seen to be
overstaying as a result of the delay in the outcome of their appeals.
 Several adult dependants application for settlement have been rejected
simply because their name differ in the supporting documents. If need be,
provision for DNA tests should be made for those dependants whose
supporting documents are insufficient satisfy the consular officer.
SIMILARITIES IN GURKHA NAMES
Deepak
Pradeep
Ganesh
Sarmila
Preetam
–
–
–
–
-
Dipak
Pradip
Ganes
Sharmila
Pritam
 In a situation where the spelling of a persons name differs, the Nepalese
authorities investigates and cross checks family details and issues certificate
stating that the bearer of the document with two different names is the same
person.
 Such documents are not accepted by the consular officers despite including a
Family Relation certificates bearing family photographs. There are no other
means of verifying the applicant. DNA test is therefore necessary to avoid
injustice being done.
GURKHA WIDOWS
 Most Gurkha widows were forced to spend at least twelve years
away from their husbands due to the lack of sufficient married
quarters for the Gurkha families and the ignorance of the MoD
on this issue. Are such a long family separations imaginable in the
UK society?
 As if this was not enough, the widows are now separated from
their adult dependants due to the immigration policy.
 The pension they inherit after their husband’s death is reduced
by 40% making life very difficult.
 Nepalese live in an inter-dependant family by culture and religion
and this separation is a cultural shock.
 Britain is a multi-cultural country that has great respect for other
cultures and religions and should respect the culture of these
brave warriors.
REASONS FOR MIGRATION TO THE UK
 Insufficient pension.
 Poor medical health facility in Nepal.
 No social security or State benefit in
Nepal.
GURKHA WELFARE TRUST (GWT)
 Why is a Gurkha Welfare Trust necessary? Are there any British Welfare
Trusts for British soldiers? Who made us welfare cases?
 Why is money being raised from around the World by depicting the
Gurkhas like beggars that undermines the image and prestige of Nepal as
a whole?
 Gurkhas were made to contribute a one day pay to GWT and Gurkha
children were made to sing and dance to raise money. But, there is not a
single Gurkha on the decision making board.
 Massive donations are received each year from individuals and countries
like Japan, USA and Canada - whom we have never fought for!
 Money is being wasted in the name of drinking water, school and bridge
building projects when the DFID should be doing this.
 The staff at GWT are paid handsome salaries while the destitute Gurkhas
are paid £40!
 Isn’t the MoD responsible for looking after the Gurkhas whom they made
welfare cases?
HOW GURKHAS ARE PORTRAYED
“A LONG WALK FOR PENSION”
PHOTOGRAPHS - GURKHA WELFARE TRUST
MEDICAL HEALTH FACILITY - NEPAL
 Small primary care clinics are run by the GWT.
 Inadequate supply of essential drugs.
 No claims are allowed for treatments undertaken in any
specialist hospital in Nepal or outside Nepal.
 The Government run hospitals are not cable of handling special
cases and lack technology and proper management.
 Despite the low pension, veterans are expected make their
initial contribution according to ranks.
 Fresh information from Nepal suggests that the annual medical
claim limit for individual is being reduced to NPR 150,000 from
the previous annual claim of over NPR 200,000.
 Most day to day expenses are not worth putting a claim for due
to the travel time and travel expense to and from the Gurkha
Welfare Centres.
SUGGESTIONS/ RECOMMENDATIONS
 The Tripartite Agreement is an agreement that outlines and formulates the SUPPLY,
DEMAND and USE of human beings and NOT OF ANIMALS. Therefore, the signatories
must abide by its contents.
 As per the spirit of the TPA and the principal of equal pay for equal value work, the
Gurkhas must be paid equal to their British counterparts in every term.
 Nepal is a independent country and the bilateral agreement signed by India & Britain
cannot be forced upon her and her citizens.
 Pension should be paid on a pro-rata basis with effect from the date of discharge; i.e.
if a British soldier is paid £22 after twenty two years of service, a Gurkha should be
paid £15 for his fifteen years of service.
 The 1 July 1997 is an arbitrary date that needs to be revoked and all Gurkhas should
be given the opportunity to transfer to AFPS 1975 with their service counted 1:1 for
pension purpose as per 1949 Gurkha Pension Warrant (incorporated in the GPS)
 Redundant should be fairly compensated for the extremely low gratuities paid
to them and should be given preserved pension.
 Gurkha widows should be given the same treatment, facilities as any British
widows are given.
 Adult dependants should be allowed to settle in the UK with due
consideration to their fathers contribution to this nation and the historical
injustice they have faced. All detentions and likely deportations should be
differed until the report published by the committee.
 A special committee needs to be formed to review the incidents of unfair
dismissals e.g. Hawaii , MUGA and marriage to foreigners that were dealt with
using the manuals made specifically for the Gurkha Brigade. The victims
should be suitably compensated.
 India has no problem looking after 50,000 plus Gurkhas while Britain pretends
to be struggling to maintain 3000 Gurkhas. Britain wants to hold on to the
Gurkhas but does not want to treat them equally. If the financial situation of
Britain is so bad, it must let go the Gurkhas completely so that other nations
may take them on board.
CONCLUSION
Sixty six years ago when the TPA was signed, the authoritarian Rana
rulers of Nepal were much more democratic and believed in equality
and justice compared to the British authorities. The Rana rulers
made their points absolutely clear in writing that Nepalese citizens
be treated equally without discrimination and with dignity. On the
contrary the so called advanced, powerful, rich and educated British
began treating the Gurkhas like mercenaries from the day they
signed the TPA. They must have been either big liars or a big bullies.
It is hoped that this time around, the British Government, in all
fairness and decency, shall look into the grievances and will redress
them, and not instead, concentrate all their resources and efforts on
finding ways to continue the discrimination and bullying. Even a
trade agreement is revised and modified according to the changing
circumstances. Here, the agreement is not of consumer goods but of
human lives - lives of one of the best infantry soldiers in the world.
THANK YOU
LIVE EVIDENCE
INDIVIDUAL SAMPLE CASES
VICTIMS OF MoD POLICIES