Britain-India-Nepal Tripartite Agreement
Encyclopedia
The Tripartite Agreement between the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

, India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...

 and Nepal
Nepal
Nepal , officially the Federal Democratic Republic of Nepal, is a landlocked sovereign state located in South Asia. It is located in the Himalayas and bordered to the north by the People's Republic of China, and to the south, east, and west by the Republic of India...

 was a treaty
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...

 signed in 1947 concerning the rights of Gurkha
Gurkha
Gurkha are people from Nepal who take their name from the Gorkha District. Gurkhas are best known for their history in the Indian Army's Gorkha regiments, the British Army's Brigade of Gurkhas and the Nepalese Army. Gurkha units are closely associated with the kukri, a forward-curving Nepalese knife...

s in military service.

Background

From the first quarter of the 19th century, Gurkhas from Nepal had served under the British, first in the armies of the East India Company
British East India Company
The East India Company was an early English joint-stock company that was formed initially for pursuing trade with the East Indies, but that ended up trading mainly with the Indian subcontinent and China...

, and then the British Indian Army
British Indian Army
The British Indian Army, officially simply the Indian Army, was the principal army of the British Raj in India before the partition of India in 1947...

. The terms and conditions of service for the Gurkhas were solely a matter for the British Indian authorities, without reference to the British Government in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...

.

In 1947, India became independent from the United Kingdom, and it was decided between the two governments to split the Gurkha regiment
Regiment
A regiment is a major tactical military unit, composed of variable numbers of batteries, squadrons or battalions, commanded by a colonel or lieutenant colonel...

s between the British and Indian armies — six Gurkha units became part of the new Indian Army
Indian Army
The Indian Army is the land based branch and the largest component of the Indian Armed Forces. With about 1,100,000 soldiers in active service and about 1,150,000 reserve troops, the Indian Army is the world's largest standing volunteer army...

, while four were transferred to the British Army
British Army
The British Army is the land warfare branch of Her Majesty's Armed Forces in the United Kingdom. It came into being with the unification of the Kingdom of England and Scotland into the Kingdom of Great Britain in 1707. The new British Army incorporated Regiments that had already existed in England...

:
Indian Army British Army
1st King George V's Own Gurkha Rifles (The Malaun Regiment)
1st King George V's Own Gurkha Rifles (The Malaun Regiment)
The 1 Gorkha Rifles is a Gorkha infantry regiment of the Indian Army. It was originally formed as part of the British Indian Army in 1815, later adopting the title of the 1st King George V's Own Gurkha Rifles , however, in 1947, following India's independence in 1947, it was transferred to the...

2nd King Edward VII's Own Gurkha Rifles (The Sirmoor Rifles)
2nd King Edward VII's Own Gurkha Rifles (The Sirmoor Rifles)
The 2nd King Edward VII's Own Gurkha Rifles was an infantry regiment of the British Indian Army before being transferred to the British Army on India's independence in 1947. The 4th Battalion joined the Indian Army as the 5th Battalion, 8th Gurkha Rifles , where it exists to this day...

3rd Queen Alexandra's Own Gurkha Rifles
3rd Queen Alexandra's Own Gurkha Rifles
The 3 Gorkha Rifles is an Indian Army infantry regiment. It was originally a Gurkha regiment of the British Indian Army formed in 1815. They were present at a number of actions and wars including the Siege of Delhi in 1857 to the First and Second World Wars...

6th Gurkha Rifles
4th Prince of Wales's Own Gurkha Rifles
4th Prince of Wales's Own Gurkha Rifles
The 4 Gorkha Rifles is an infantry regiment of the Indian Army. It was originally raised in 1857 as part of the British Indian Army, but after India's independence in 1947 it was one of six Gurkha regiments transferred to the Indian Army...

7th Gurkha Rifles
5th Royal Gurkha Rifles (Frontier Force)
5th Royal Gurkha Rifles (Frontier Force)
The 5 Gorkha Rifles is an infantry regiment of the Indian Army comprising Gurkha soldiers of Nepalese origin. It was formed in 1858 as part of the British Indian Army and served in the First World War and Second World War. The regiment was one of the Gorkha regiments that was transferred to the...

10th Gurkha Rifles
8th Gurkha Rifles
9th Gurkha Rifles


As a part of this arrangement, it was agreed that Gurkhas in British and Indian service should enjoy broadly the same conditions of service, to ensure that there was no unfair advantage to serving in one or other, thus maintaining economic stability and social harmony in the Gurkha recruiting areas. Thus, the governments of the United Kingdom, India and Nepal came to sign the Tripartite Agreement (TPA).

Main terms

The main points of the agreement are:
  • The Gurkha soldier must be recruited as a Nepali citizen, must serve as a Nepali citizen, and must be resettled as a Nepali citizen.
  • All religious and cultural observances must be preserved in accordance with the demands of the Hindu faith.
  • Gurkha soldiers in both the Indian and British Armies should receive the same basic rates of pay, although allowances may be paid to reflect differences in the costs of living between countries where Gurkha soldiers might serve outside Nepal.
  • Subject to satisfactory performance and conduct, all soldiers should be allowed to serve for sufficient time in order to qualify for a pension
  • All Gurkha soldiers should be allowed an extended period of leave in Nepal every three years.
  • Gurkha soldiers recruited into the respective armies are liable for service worldwide.
  • Gurkhas are fully integrated into the Army to which they are recruited and under no circumstances are they to be considered mercenaries.


The agreement applies to the 3,500 Gurkhas serving in the British Army
British Army
The British Army is the land warfare branch of Her Majesty's Armed Forces in the United Kingdom. It came into being with the unification of the Kingdom of England and Scotland into the Kingdom of Great Britain in 1707. The new British Army incorporated Regiments that had already existed in England...

, and close to 40,000 Gurkhas in the Indian Army
Indian Army
The Indian Army is the land based branch and the largest component of the Indian Armed Forces. With about 1,100,000 soldiers in active service and about 1,150,000 reserve troops, the Indian Army is the world's largest standing volunteer army...

. It does not apply to Gurkhas in the Nepalese Army.

The TPA underpins the unique terms and conditions of service of the Gurkha soldier which in a number of key areas differ markedly from those of his British or Commonwealth
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...

 counterpart. Such differences arise because of the need to maintain broad comparability with certain Indian Army conditions of service, to protect the Gurkha national, religious, cultural and domicile status and the need for Gurkhas to maintain close links with Nepal throughout their service. It is against this background that the UK Government has continued to maintain separate terms and conditions of service for Gurkhas.

New Gurkha Conditions and Terms of Service

The maintenance of different terms and conditions for Gurkha soldiers as opposed to their British counterparts has been a source of friction in recent years, particularly in regard to pension provision. While Gurkha pensions provide a high standard of living in Nepal, they were calculated at a fraction of the pensions provided to British soldiers. As a consequence, in January 2005, the British Government announced a review of Gurkha terms and conditions to attempt to rectify these inequalities. In May 2007, a new set of proposals was adopted, with a number of points in different areas:
  • Nationality and Status
    • Gurkhas should be recruited as Nepalese subjects, and should remain so throughout their service
    • Gurkhas should only be recruited to units of the Brigade of Gurkhas, and these should remain predominantly Gurkha manned
  • Recruitment and Selection
    • Recruitment should remain in Nepal
    • Recruitment should become the responsibility of the Army Recruitment and Training Division
    • Nepalese women should be recruited into the Brigade of Gurkhas
  • Pay, Pensions and Allowances
    • Gurkha pay should be brought into line with UK pay rates based on employment qualifications
    • All Gurkhas recruited after a specific date will join the standard Armed Forces Pension Scheme. Those recruited before that date will be given the option of remaining in the Gurkha Pension Scheme or transferring to the AFPS


A major proposal is the drawing up of a bilateral memorandum of understanding
Memorandum of understanding
A memorandum of understanding is a document describing a bilateral or multilateral agreement between parties. It expresses a convergence of will between the parties, indicating an intended common line of action. It is often used in cases where parties either do not imply a legal commitment or in...

between the governments of Britain and Nepal, and allowing the TPA to lie. It is unclear how this would affect the recruitment of Gurkhas in the Indian Army.

External links

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