During the 1795, Dutch Ceylon decrease with the Uk hand, and additionally they made it a crown nest in 1802. By the 1815, they had in addition to conquered the previous independent Kingdom off Kandy. The british stipulated one to throughout the previous Dutch regions the existing regulations might be upheld, while for the Kandy traditional guidelines were to feel adopted, which have been subsequently codified. There are on basic point you to numerous authors presumed the Portuguese while the Dutch got effortlessly stamped away polyandry in the the latest coastal provinces. Numerous gurus point out that, in practice, classic rules got held precedence, unless of course the law is actually ‘quiet or inapplicable’. Footnote 68 Indeed, we come across in the part 3 just how a beneficial European lawyer actually invoked such typical laws and regulations in order to ask the newest authenticity regarding polyandry. Footnote 69 Yet not, british assumed from the beginning that the coastal provinces got started governed predicated on Roman-Dutch law. Currently when you look at the 1822, it purchased the fresh new re also-advent of the college thombos, just for Christians however for the whole population of one’s maritime provinces. The fresh pre-eminence off Roman Dutch Rules was codified into the a rental of 1831, and you will a regulation out-of 1847 specified its banned amounts of marriage, limited chronilogical age of activities, and you will grounds for breakup. In the long run, within the 1861 Roman-Dutch laws try announced due to the fact binding for the whole area. Footnote 70 That it paradoxical court state might have been summarised too of the Jayawardene: ‘[The brand new Dutch] delivered the brand new Roman-Dutch Legislation to Ceylon; but it’s this new English… which established it within Singhalese, whom managed to make it the law of the land’. Footnote 71
The latest lady will get dining off for each and every partner, plus they all the do have more
I surmise your significantly more strict applying of Roman-Dutch rules therefore the extension out of ilies about seaside elements considering a great polyandrous union. As such a married relationship wasn’t courtroom, children could not inherit using their 2nd kritik baДџlantД± dad. How about the inside? The fresh new codified Kandyan regulations contained all sorts of fine print about how exactly inheritances from combined husbands was to getting split up. In the fresh 1850s a reent happened. Within the 1855, Governor Ward received a great petition regarding Chiefs regarding Kandy, ‘hoping into abolition because of the regulations out-of polygamy and you will polyandry’. New plea is actually constant twice during the 1858, eventually become found because of the instead baffled United kingdom, just who proceeded in 1859 to outlaw polygamy and divorce because of the shared agree in order to generate entered monogamous relationship the only real legal form. Why performed the newest elites turn facing their tradition and exactly why performed they give you the british it opportunity to ‘civilise’ new Sinhalese? Particular scholars exhort us to realize involving the contours of your petitions. It is said that the elite group from landowners wanted an excellent ‘reform’ regarding relationship because they lined up to minimize divorced and widowed women’s standard claims for the lands of their moms and dads, which were fundamentally taken advantage of by the brothers. Land transactions and you may establishing higher ranches necessary simplistic wedding and heredity statutes, but it was cloaked in an attack to your polygamy, a lure which the Uk grabbed. Footnote 72 Therefore, the british implemented a great Eu idea of marriage to your Kandyan populace, and that quickly triggered an excellent flurry from lawsuits while the all the unregistered ous – had been now considered illegal. Berwick, the fresh new vital courtroom out-of Colombo, aptly called the 1859 Regulation a beneficial ‘sour provide regarding bastardy’. Footnote 73
Which conjecture possibly is due to new misunderstandings regarding your family members between Dutch specialized laws therefore the standard, uncodified, legislation of the Sinhalese
Whether or not polyandry could be punished because of the around 3 years away from difficult work, the new routine continuing up to really for the twentieth century, albeit inside the dwindling wide variety. Ergo, it had been nonetheless easy for the fresh new ethnographers which seen town life regarding mountainous interior on 1950s to learn current polyandrous connections or gather reminiscences off earlier such connections. For example, individuals regarding Udumulla from inside the east Sri Lanka examined polyandry definitely: ‘It is rather perfect for the. .. These folks do not need to hide the fresh new arrangement, you’ll find nothing getting ashamed of’. Footnote 74 The latest ethnographic definitions usually emphasise the new fundamental and you will somewhat unified characteristics of the polyandrous plan, that one area was even titled ‘located in that peace’. Footnote 75 As to the reasons then made it happen fall off?