Hindu Voice UK, August 2008

Three former Gurkha soldiers of the British Army, all of whom are Hindus, recently lost their High Court battle with the government over a pensions deal which they say has left them in severe poverty. Kumar Shrestha, Kamal Purja and Sambahadur Gurung said they had been treated unlawfully and unfairly. The case was the latest in a series of legal battles over the treatment and rights of Gurkha soldiers recruited from Nepal compared with native British soldiers.

The court battle followed an offer made by the Ministry of Defence in March 2007 to transfer pensions benefits from the far lower Gurkha Pension Scheme into the more mainstream Armed Forces one. However only those who retired after 1st July 1997 will benefit from the Scheme – that being the date when Hong Kong ceased to be a part of Britain and the Gurkha base was transferred from there to Shorncliffe near Folkestone, Kent.

Lawyers for the trio argued that the scheme is unfairly prejudiced against older retiring Gurkhas, saying the years of service of those who signed up before that date but retired after were valued at just between 24 - 36 percent of British rates, too low to maintain a decent quality of life in Britain. The Gurkhas who brought the case are all in their late 30s and were forced to retire early due to ill health.

Justice Ouseley ruled that the MoD had acted reasonably. "If there was indirect discrimination on the grounds of age or 'other status', it was justified and proportionate"

Following the partition of India in 1947, an agreement between Nepal, India and Britain meant four Gurkha regiments from the Indian army were transferred to the British Army, eventually becoming the Gurkha Brigade. Since then, the Gurkhas have fought for the British all over the world, receiving 13 Victoria Crosses between them. Fifty of the Gurkha soldiers have handed back their Long Service and Good Conduct medals in protest against unequal treatment. Hundreds of retired Gurkhas demonstrated in Westminster last year to demand the right to remain in the UK and pension equality with British soldiers. More than 200,000 fought in the two world wars, during which 43,000 of them lost their lives and in the past 50 years, they have served in Hong Kong, Malaysia, Borneo, Cyprus, the Falklands, Kosovo and now in Iraq and Afghanistan.

Solicitor representing the three former soldiers, said she was "saddened" by the result and intended to appeal. "Gurkhas have served in theatres of war, in danger and in hardship. They should be valued for it, not penalised."