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History Of Gurkha Soldier Terms And Conditions Of Service Tri-Partite Treat Of 1947 |
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this document reflect the views of, and are subject to confirmation by,
Headquarters Brigade of Gurkhas
THE TRIPARTITE AGREEMENT (TPA) 1947
Before 1947, Gurkhas soldiers were only enlisted into the British Indian Army. Their terms and conditions of service were solely a matter for the British Indian Authorities and were developed without reference to the British Government in London or regard to other legislation. The terms and conditions of service of the day were perceived to be entirely fair and reasonable, took fully into account the mores, culture, traditions and way of life of the Gurkha soldier, and reflected the environment in which soldiers of the then Gurkha Brigade were expected to serve. A life of adventure, generous rates of pay and the provision of a pension on retirement were perceived as hugely advantageous. The Gurkha Brigade did not lack for volunteers. In 1947, when India was granted independence, four Regiments of Gurkha soldiers were transferred to the British Army. The remainder of the Gurkha Brigade was to remain as part of the new Indian Army. A fundamental of this arrangement was the requirement that Gurkha soldiers of both the Indian and British Armies should serve under broadly the same terms and conditions of service. This was essential to avoid creating unfair advantage to either community of Gurkha troops, and was key to ensuring economic stability and social harmony within the Gurkha recruiting areas of Nepal. To ensure commonality of terms and conditions of service, a Memorandum of Agreement was signed in 1947 between the Governments of UK, India and Nepal, in which the Government of Nepal agreed to the employment of Gurkha troops in the armies of UK and India. This document is generally known as the 'Tripartite Agreement' (TPA), a term which in practice is used also to include any supplementary bilateral agreements deemed to fall within the original premises and subsequent exchanges of letters between the signatories on the subject of Gurkhas serving in the British and Indian armies.
The TPA states the terms and conditions under which British Gurkha soldiers serve. The TPA covers not only issues such as length of engagements, it also encompasses key conditions of service such as entitlements to pay, an overseas allowance, pension, family permission, children's education, long leave in Nepal, liability to taxation and provisions to meet religious, national and cultural observances. The TPA is a complex series of documents comprising a Memorandum, various Annexes and a series of trilateral and bilateral exchanges between the three Governments involved in the discussions. It is not, therefore, a Treaty in the conventional sense, enshrined in a single over-arching document. Instead, it is a compendium of documents designed to lay down formal rights and obligations to be pursued by each of the countries that are signatories to the Agreement. The TPA does not seek to address every aspect of the terms and conditions of military service. Instead it sets out a framework within which the service of Gurkha soldiers, as an integral part of the British and Indian Armies, may be directed. The key tenets of the TPA, evident from the letter and spirit of the papers: * The TPA clearly implies that the Gurkha soldier must be recruited as a Nepali citizen, must serve as a Nepali citizen, and must be resettled as a Nepali citizen. * The TPA requires that all religious and cultural observances must be preserved in accordance with the demands of the Hindu faith. * The TPA requires that 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. * The TPA requires that subject to satisfactory performance and conduct, all soldiers should be allowed to serve for sufficient time in order to qualify for a pension * The TPA requires that all Gurkha soldiers should be allowed an extended period of leave in Nepal every three years. * The TPA clearly states that Gurkha soldiers recruited into the British are liable for service worldwide. * The TPA requires that Gurkhas are fully integrated into the Army to which they are recruited and under no circumstances are they to be considered mercenaries. IMPORTANCE OF THE TPA The TPA is the authority against which the Brigade of Gurkhas' terms and conditions of service are developed. The TPA reflects the UK Government's obligations to Nepal in return for the privilege of being allowed to recruit the Gurkha from the hills of Nepal, to train him as a soldier and to resettle him at the end of his service in the land of his birth with a proper pension, better able to support his family and his country to secure its continued development. SIGNIFICANCE OF THE TPA The significance of the TPA is that it permits the Governments of the United Kingdom and India to recruit Nepalese subjects. The TPA also stipulates that recruitment into the British and Indian armies should be on a broadly comparable basis and in particular that British Gurkha pay and pension rates would be linked to those of the Indian Army Pay and Pension Codes. Under the terms of the TPA, some 7,400 Gurkhas transferred from the Indian Army to the British Army's Brigade of Gurkhas. Details of the TPA were announced in the House of Commons by the then Minister of Defence on 1 December 1947 and in the Indian Constituent Assembly by Pandit Nehru on 10 December 1947. In addition to the 3,500 Gurkhas now serving in the Brigade of Gurkhas of the British Army, the Agreement applies to all Gurkhas serving in the Indian Army, currently in excess of 100,000 men. It does not apply to soldiers of the Royal Nepal Army. The TPA covers issues such as transit between Nepal and Indian ports; recruitment facilities; length of engagement, pay, rations, uniform, allowances, pensions, promotions, leave, welfare, education, religious and cultural observances and the right to wear Kukris (the Gurkha knife). It also determines that British Gurkhas are recruited as Nepali citizens, remain Nepali citizens throughout their service, and are resettled as Nepali citizens at the conclusion of their service. The TPA also stipulates that British Gurkhas are liable for service worldwide and serve in formed Gurkha units of the Brigade of Gurkhas. TIME LIMITATION There is no time limit to the validity of the TPA, though with changing circumstances some of its provisions have been overtaken. For example, since 1952 Gurkhas have been recruited in Nepal rather than in India and troop movements are now direct by air to and from Nepal, rather than by rail through India. CHANGES TO THE TPA No attempt has ever been made to revise the TPA. Where appropriate the British and Nepalese Governments have reached new arrangements complementary to the 1947 Agreement covering particular aspects of the employment of Gurkha troops in the British Army, for example the establishment of recruiting depots in Nepal. Pay, cost of living allowances, pensions and other key conditions of service have been regularly updated by the Ministry of Defence in line with changes promulgated by the Indian Government for its Gurkha troops and to meet changes in force levels including deployments introduced by the British Government. Because it is a framework, the TPA allows some room for interpretation in developing terms and conditions of service. THE EFFECT OF THE TPA ON THE GURKHA SOLDIER 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 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. The maintenance of Gurkha ethos and identity contributes strongly to military effectiveness. It is against this background that the UK Government has continued to maintain separate terms and conditions of service for Gurkhas. THE MERCENARY ISSUE Gurkhas are not mercenaries and it is offensive to suggest that they are so. They are fully integrated soldiers of the British Army, operate in formed units of the Brigade of Gurkhas and abide by the rules and regulations under which British soldiers also serve. Gurkhas are full members of HM Forces, take the prescribed oath/affirmation and are attested in accordance with the Army Act 1955. By virtue of the Army Act, British Gurkhas are subject to Military Law as members of the Regular Forces and any regulations issued under its authority. These key conditions of service are included in the TPA and serve to uphold assurances from the UK Government that Gurkhas employed in the British Army will in no way be regarded as mercenaries but form an integral and distinguished part of the British Army. NOTIFICATION OF DEPLOYMENTS TO HMG NEPAL. In accordance with the TPA all major deployments of Gurkha troops on Active Service are relayed to Nepal through diplomatic channels. THE TPA TODAY The letter and spirit of the TPA continue to drive the development of the Brigade's terms and conditions of service, on occasions against severe legislative and social pressure. But the TPA's continued survival testifies to its fairness in laying down the basic rules to allow the service of Gurkha soldiers in the British Army. The TPA therefore, both in letter and
spirit, remains as relevant today as it did in 1947. Its strength lies in
the Authority it provides for the development of the Brigade's package of
terms and conditions of service, all inter-linked and designed to ensure
Gurkhas serve in both the British and Indian Armies under fair and, where
appropriate, equal circumstances. |
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