In the 1795, Dutch Ceylon dropped toward United kingdom hands, and managed to get a top colony in the 1802. From the 1815, they’d together with overcome the previous separate Empire of Kandy. British specified one on previous Dutch regions the existing laws might possibly be kept, while inside Kandy typical legislation were to become observed, that happen to be subsequently codified. We have seen on the basic point you to numerous people thought the fresh Portuguese in addition to Dutch had effortlessly stamped out polyandry from inside the the newest coastal provinces. Multiple experts declare that, in practice, vintage laws had kept precedence, until legislation was ‘silent or inapplicable’. Footnote 68 In reality, there are in the part step 3 exactly how a Eu attorneys indeed invoked this type of standard regulations to beg brand new validity out of polyandry. Footnote 69 Yet not, british believed from the beginning your maritime provinces got become governed considering Roman-Dutch rules.
Already inside the 1822, they ordered the fresh re-introduction of the school thombos, not just to possess Christians but also for the complete inhabitants of one’s maritime provinces. The latest pre-eminence regarding Roman Dutch Legislation try codified inside the a rent out of 1831, and an ordinance off 1847 specified their banned quantities of relationships, restricted period of activities, and you will grounds for separation and divorce. Fundamentally, when you look at the sД±cak seksi r1a kД±zlar 1861 Roman-Dutch law was declared as joining for the whole isle. Footnote 70 Which paradoxical court condition might have been summarised nicely by the Jayawardene: ‘[The new Dutch] lead the fresh Roman-Dutch Law so you can Ceylon; but it’s this new English… just who founded they within Singhalese, just who managed to get legislation of the land’. Footnote 71We surmise that the significantly more stringent application of Roman-Dutch regulations and extension regarding ilies regarding the seaside components given good polyandrous commitment. As such a married relationship wasn’t court, college students couldn’t inherit from their 2nd dad. Think about the within? The newest codified Kandyan rules consisted of all kinds of stipulations about how inheritances from combined husbands were to end up being split up. In the brand new 1850s a great reent took place. Inside 1855, Governor Ward acquired a petition regarding Chiefs away from Kandy, ‘praying for the abolition by the regulations away from polygamy and you can polyandry’. This new plea are regular twice for the 1858, in the long run becoming obtained because of the as an alternative confused United kingdom, just who proceeded inside 1859 to help you outlaw polygamy and you can divorce or separation because of the shared concur and build registered monogamous wedding the only courtroom function. Why did the fresh new elites change against her lifestyle and just why did they provide british that it chance to ‘civilise’ the Sinhalese? Certain students exhort me to discover within contours of your petitions. They state that this top-notch out of landowners wished a great ‘reform’ out-of marriage because they lined up to reduce divorced and widowed ladies’ traditional states towards places of the moms and dads, that happen to be fundamentally exploited by the its brothers. Homes transactions and you may setting up large ranches needed simplified matrimony and you may heredity statutes, however, this was cloaked during the an attack into the polygamy, a lure that the Uk grabbed. Footnote 72 Therefore, british implemented an excellent Eu idea of marriage into the Kandyan people, which instantly triggered an effective flurry out-of lawsuits while the every unregistered ous – was basically now deemed unlawful. Berwick, this new vital court away from Colombo, aptly known as 1859 Ordinance a beneficial ‘bitter current off bastardy’. Footnote 73
Even though polyandry was punished from the as much as 36 months regarding hard labor, the latest practice continuous up to better with the twentieth century, albeit into the diminishing amounts. Thus, it was nonetheless possible for the fresh new ethnographers whom observed community life from the mountainous interior about 1950s to review established polyandrous interactions or gather reminiscences regarding earlier in the day including connections. For instance, individuals off Udumulla in eastern Sri Lanka evaluated polyandry undoubtedly: ‘It’s very good for every. .. They need not cover up brand new arrangement, you’ll find nothing become ashamed of’. Footnote 74 The newest ethnographic meanings often stress new basic and you may somewhat harmonious nature of polyandrous plan, that an area was even titled ‘surviving in one peace’. Footnote 75 As to why following made it happen fall off?
