From inside the 1795, Dutch Ceylon fell towards Uk give, as well as made it a top nest inside 1802. From the 1815, that they had and additionally overcome the former independent Empire out of Kandy. British specified that on the previous Dutch countries the current laws and regulations would be kept, while inside the Kandy regular legislation would be to become used, which have been next codified. We come across on basic area you to definitely numerous authors believed the fresh new Portuguese plus the Dutch had efficiently stamped out polyandry from inside the the new maritime provinces. Several masters claim that, in practice, traditional laws got stored precedence, unless the law is actually ‘hushed or inapplicable’. Footnote 68 Actually, we have seen within the section step three how an excellent Western tek BelГ§ika bayan european attorney indeed invoked these classic regulations in order to ask the validity off polyandry. Footnote 69 Although not, the british assumed from the start that coastal provinces got started ruled based on Roman-Dutch laws. Already inside the 1822, it purchased new re also-introduction of the school thombos, not only getting Christians but also for the whole society of the maritime provinces. The latest pre-eminence off Roman Dutch Rules is codified in a constitution away from 1831, and you will an ordinance of 1847 given its blocked amounts of marriage, minimal period of people, and you will good reasons for breakup. Fundamentally, inside the 1861 Roman-Dutch laws are proclaimed as joining for the whole isle. Footnote 70 Which paradoxical court problem could have been summarised besides because of the Jayawardene: ‘[The brand new Dutch] delivered the fresh new Roman-Dutch Law in order to Ceylon; however it is the fresh English… exactly who oriented they between the Singhalese, which managed to make it what the law states of one’s land’. Footnote 71
The fresh lady becomes restaurants off for each and every partner, and most of the have more
We surmise your even more strict applying of Roman-Dutch rules therefore the extension regarding ilies regarding the coastal areas given a great polyandrous union. As a result a married relationship wasn’t judge, people cannot inherit off their second dad. How about the interior? The brand new codified Kandyan laws and regulations contains all types of fine print how inheritances off mutual husbands was to feel split up. But in the new 1850s a great reent took place. For the 1855, Governor Ward obtained an effective petition on the Chiefs of Kandy, ‘praying on the abolition because of the laws out-of polygamy and you may polyandry’. The plea is frequent double for the 1858, ultimately becoming picked up from the alternatively perplexed British, who continued inside the 1859 to outlaw polygamy and divorce case by mutual concur also to create joined monogamous relationship the sole courtroom means. As to why performed brand new elites turn up against her heritage and just why performed they give the british this possible opportunity to ‘civilise’ the Sinhalese? Some scholars exhort us to read within traces of one’s petitions. People say this top-notch away from landowners wished an effective ‘reform’ away from marriage while they lined up to minimize separated and you can widowed women’s customary states for the places of its moms and dads, that happen to be fundamentally taken advantage of from the the brothers. House transactions and you may setting-up large plantations necessary simplified relationship and genetics legislation, however, it was cloaked in the an attack to your polygamy, a bait that Uk took. Footnote 72 For this reason, british imposed good Eu thought of wedding for the Kandyan people, and therefore instantly caused good flurry out of litigation due to the fact all of the unregistered ous – were now considered illegal. Berwick, the fresh new critical court out of Colombo, aptly called the 1859 Ordinance an effective ‘bitter gift away from bastardy’. Footnote 73
It supposition perhaps stems from the latest confusion regarding your loved ones anywhere between Dutch formal legislation and also the regular, uncodified, laws and regulations of the Sinhalese
Although polyandry was punished by the doing three years off hard labour, the latest habit persisted until better to your twentieth century, albeit into the dwindling wide variety. Ergo, it actually was however easy for brand new ethnographers who seen town existence regarding the mountainous interior on the 1950s to analyze established polyandrous interactions otherwise collect reminiscences regarding prior particularly connections. Including, people off Udumulla into the east Sri Lanka analyzed polyandry seriously: ‘It is very good for all of the. .. These folks don’t need to mask the fresh plan, there is nothing to be embarrassed of’. Footnote 74 The new ethnographic definitions will emphasise the latest fundamental and you will somewhat good nature of the polyandrous arrangement, that one area happened to be titled ‘living in that peace’. Footnote 75 As to the reasons up coming made it happen fall off?