Into the 1795, Dutch Ceylon dropped towards Uk hand, and additionally they managed to get a top nest during the 1802. From the 1815, they’d as well as beaten the previous independent Kingdom out of Kandy. The british specified one about former Dutch nations the current laws was upheld, while from inside the Kandy classic laws and regulations would be to become adopted, which have been after that codified. We come across on basic area one multiple writers believed new Portuguese as well as the Dutch had efficiently stamped aside polyandry when you look at the brand new maritime provinces. Numerous benefits point out that, used, standard law had kept precedence, until what the law states are ‘hushed or inapplicable’. Footnote 68 Actually, we come across within the area step three exactly how an excellent Eu lawyer in fact invoked this type of traditional legislation to ask brand new legitimacy off polyandry. Footnote 69 not, british assumed from the start the coastal provinces had already been governed considering Roman-Dutch legislation. Already inside 1822, it purchased this new re also-introduction of the school thombos, not simply for Christians but for the whole populace of one’s maritime provinces. The pre-eminence off Roman Dutch Laws was codified during the a rent off 1831, and you may a regulation out-of 1847 specified its banned degrees of marriage, restricted period of activities, and you can reasons for divorce case. In the end, in 1861 Roman-Dutch rules was proclaimed as joining for the entire area. Footnote 70 It paradoxical legal disease could have been summarised nicely by Jayawardene: ‘[The fresh Dutch] delivered the new Roman-Dutch Law in order to Ceylon; but it’s the latest English… just who built it amongst the Singhalese, which managed to get legislation of your own land’. Footnote 71
This new woman gets dinner away from each spouse, in addition they the have significantly more
We surmise the much more strict application of Roman-Dutch legislation together with expansion away from ilies on the coastal areas considering an excellent polyandrous relationship. Therefore a marriage was not legal, pupils cannot inherit from their second dad. How about the interior? The latest codified Kandyan rules contains a myriad of stipulations regarding how inheritances off combined husbands would be to be split. However in the fresh 1850s an effective reent took place. Into the 1855, Governor Ward obtained a beneficial petition regarding the Chiefs regarding Kandy, ‘praying on abolition from the legislation regarding polygamy and you will polyandry’. The new plea is constant double within the 1858, fundamentally as found of the alternatively puzzled British, who continued inside the 1859 to outlaw polygamy and you may separation from the common consent and to generate entered monogamous matrimony the sole judge form. As to why performed the newest elites turn against her lifestyle and just why performed they provide the british which possibility to ‘civilise’ the gГјzel TayvanlД± kadД±nlar latest Sinhalese? Some scholars exhort me to realize within contours of your own petitions. They do say that this top-notch out-of landowners desired an effective ‘reform’ out of matrimony because they aimed to attenuate divorced and you will widowed ladies conventional says into the places of their parents, which were fundamentally rooked of the the brothers. Land transactions and you can installing highest ranches expected simplified marriage and you will genetics rules, however, it was cloaked from inside the a strike for the polygamy, a bait that your Uk got. Footnote 72 Therefore, the british implemented a great Eu thought of wedding with the Kandyan society, and this immediately brought about a great flurry of legal actions as the every unregistered ous – was basically now deemed illegal. Berwick, the fresh critical judge of Colombo, aptly called the 1859 Regulation a beneficial ‘bitter provide out of bastardy’. Footnote 73
Which conjecture possibly is due to the newest confusion concerning your family members anywhere between Dutch authoritative law additionally the traditional, uncodified, guidelines of Sinhalese
Even if polyandry will be punished because of the doing 3 years regarding hard work, brand new habit proceeded up to better on twentieth-century, albeit during the diminishing quantity. Therefore, it actually was nevertheless possible for the ethnographers which seen village lifetime on the mountainous indoor regarding the 1950s to analyze current polyandrous interactions or assemble reminiscences regarding previous such as affairs. As an instance, the people regarding Udumulla in the east Sri Lanka analyzed polyandry undoubtedly: ‘It’s very best for most of the. .. These folks do not need to mask the latest plan, there is nothing getting embarrassed of’. Footnote 74 The latest ethnographic definitions will emphasise the brand new standard and you may slightly harmonious nature of your polyandrous arrangement, that one area happened to be called ‘surviving in that peace’. Footnote 75 As to why upcoming achieved it decrease?
