For the 1795, Dutch Ceylon fell towards British give, and managed to get a top colony within the 1802. By the 1815, they’d together with defeated the previous separate Empire from Kandy. The british specified you to from the previous Dutch regions the present rules could well be kept, while in the Kandy customary rules were to feel observed, which have been subsequently codified. There are throughout the introductory section one to several writers believed the fresh Portuguese PhiliTalks.com ilmaiset luotot together with Dutch had effortlessly stamped out polyandry in the new coastal provinces. Several masters say that, in practice, customary legislation had held precedence, until legislation is actually ‘quiet otherwise inapplicable‘. Footnote 68 In fact, we come across during the part step three exactly how a Western european lawyer indeed invoked this type of typical laws so you’re able to plead this new validity away from polyandry. Footnote 69 not, british assumed right away your maritime provinces got started ruled considering Roman-Dutch law. Already into the 1822, it purchased the fresh re also-regarding the college thombos, not just to have Christians but for the whole people of your maritime provinces. The fresh pre-eminence away from Roman Dutch Legislation try codified for the a charter out of 1831, and you will an ordinance regarding 1847 given their blocked quantities of relationship, restricted chronilogical age of activities, and you can reasons behind separation. In the end, during the 1861 Roman-Dutch laws are stated because the binding for the entire isle. Footnote 70 So it paradoxical judge problem might have been summarised as well by Jayawardene: ‘[The fresh Dutch] brought the new Roman-Dutch Law to Ceylon; but it is brand new English… which oriented they amongst the Singhalese, which caused it to be regulations of your land‘. Footnote 71
The fresh new woman will get dinner regarding each partner, as well as all of the do have more
We surmise that the a whole lot more stringent applying of Roman-Dutch rules and also the expansion out of ilies from the coastal elements considering an effective polyandrous partnership. As a result a wedding was not judge, people could not inherit off their next father. Think about the interior? The codified Kandyan laws consisted of all types of fine print about how exactly inheritances regarding joint husbands would be to be divided. But in brand new 1850s a great reent took place. Into the 1855, Governor Ward acquired a great petition throughout the Chiefs off Kandy, ‘praying to the abolition of the laws and regulations out of polygamy and you may polyandry‘. The brand new plea are regular double inside 1858, ultimately become obtained of the instead puzzled Uk, which went on in the 1859 so you’re able to outlaw polygamy and you can breakup because of the common concur also to create registered monogamous matrimony really the only legal function. As to why performed the newest elites turn against their unique culture and why performed they give you british that it possible opportunity to ‘civilise‘ this new Sinhalese? Particular students exhort me to realize involving the traces of your own petitions. They claim this particular top-notch out-of landowners desired good ‘reform‘ off wedding while they aimed to attenuate divorced and you can widowed women’s vintage claims with the countries of the parents, that happen to be fundamentally taken advantage of from the its brothers. Land purchases and you can establishing large plantations required simplistic relationship and inheritance rules, however, this was cloaked inside the an attack towards polygamy, a lure that the Uk grabbed. Footnote 72 For this reason, british enforced an effective European thought of relationship with the Kandyan inhabitants, and that instantaneously brought about good flurry off litigation due to the fact all the unregistered ous – had been now considered illegal. Berwick, the latest critical court out of Colombo, aptly called the 1859 Regulation good ‘bitter gift regarding bastardy‘. Footnote 73
So it conjecture maybe is due to the latest frustration about your family members anywhere between Dutch certified laws in addition to standard, uncodified, rules of the Sinhalese
Even in the event polyandry might be penalized from the to 3 years away from tough labour, the fresh new behavior persisted up until well on the twentieth-century, albeit inside diminishing wide variety. Thus, it had been however simple for the new ethnographers who noticed community existence regarding the mountainous interior from the 1950s to analyze present polyandrous relationships otherwise assemble reminiscences out-of earlier in the day particularly connections. For example, people out of Udumulla inside east Sri Lanka examined polyandry seriously: ‘It’s very best for most of the. .. These folks do not need to hide the brand new arrangement, there is nothing becoming ashamed of‘. Footnote 74 The fresh ethnographic descriptions often stress the newest standard and you can somewhat harmonious nature of the polyandrous plan, that an area was even titled ‘residing in one peace‘. Footnote 75 As to why following achieved it drop-off?