In 1795, Dutch Ceylon decrease into the United kingdom hands, and made it a top nest in the 1802. Of the https://gorgeousbrides.net/fi/paivamaara-ukrainalainen-tytto/ 1815, they had including overcome the previous separate Kingdom from Kandy. The british specified one on former Dutch nations current laws and regulations might be kept, while from inside the Kandy standard statutes would be to end up being used, that have been then codified. We come across throughout the introductory section one multiple experts believed this new Portuguese and also the Dutch got effectively stamped out polyandry inside the fresh new maritime provinces. Multiple advantages claim that, in practice, conventional laws had stored precedence, unless legislation are ‘hushed otherwise inapplicable’. Footnote 68 Actually, we come across inside the area step three exactly how an excellent European lawyer in fact invoked these typical laws and regulations so you can beg brand new legitimacy from polyandry. Footnote 69 Yet not, british presumed from the beginning your coastal provinces had come ruled considering Roman-Dutch laws. Currently from inside the 1822, it bought brand new re also-introduction of the college thombos, not only getting Christians however for the complete inhabitants of maritime provinces. The fresh pre-eminence away from Roman Dutch Laws are codified inside the a rental away from 1831, and you may an ordinance regarding 1847 specified the prohibited degrees of matrimony, restricted chronilogical age of activities, and known reasons for split up. Ultimately, when you look at the 1861 Roman-Dutch legislation was declared since the binding for the entire island. Footnote 70 This paradoxical court problem might have been summarised besides of the Jayawardene: ‘[The new Dutch] put the brand new Roman-Dutch Law to Ceylon; but it is the newest English… who situated it involving the Singhalese, who managed to make it what the law states of your land’. Footnote 71
The new lady gets dining away from for each and every spouse, as well as all the convey more
I surmise that the far more strict application of Roman-Dutch laws and regulations additionally the extension away from ilies regarding coastal elements offered an excellent polyandrous commitment. Therefore a wedding was not judge, children couldn’t inherit from their second father. Think about the inside? The latest codified Kandyan regulations contained all sorts of fine print about how exactly inheritances out of combined husbands would be to be separated. But in the latest 1850s a beneficial reent taken place. Into the 1855, Governor Ward gotten good petition throughout the Chiefs from Kandy, ‘praying toward abolition because of the rules off polygamy and you can polyandry’. The new plea is actually frequent twice within the 1858, ultimately to-be acquired by instead puzzled British, whom went on in 1859 so you’re able to outlaw polygamy and you will separation by common agree and build inserted monogamous relationships the sole court form. As to why performed the newest elites turn against their particular culture and exactly why performed they give you british this chance to ‘civilise’ this new Sinhalese? Certain students exhort me to read involving the traces of the petitions. They say this elite group out-of landowners wanted a good ‘reform’ away from wedding because they aimed to attenuate separated and you will widowed ladies’ traditional claims on the lands of the parents, which have been fundamentally rooked of the their brothers. Property purchases and you may starting higher plantations requisite basic marriage and you can genetics statutes, however, this is cloaked inside a hit on the polygamy, a lure that the Uk took. Footnote 72 Hence, british imposed good Western european concept of relationship towards Kandyan populace, and therefore quickly triggered an excellent flurry out of litigation just like the all the unregistered ous – was now considered illegal. Berwick, the fresh important judge out-of Colombo, appropriately called the 1859 Regulation an excellent ‘bad current out of bastardy’. Footnote 73
This supposition maybe comes from the fresh dilemma about your family relations anywhere between Dutch official legislation as well as the customary, uncodified, regulations of Sinhalese
Though polyandry could well be penalized by the around three years out of tough work, the newest routine proceeded up until well to the twentieth century, albeit into the dwindling amounts. Thus, it absolutely was still easy for the latest ethnographers just who noticed village lifestyle on the mountainous interior regarding the 1950s to study current polyandrous affairs otherwise collect reminiscences away from early in the day such as connections. Including, people from Udumulla within the eastern Sri Lanka evaluated polyandry certainly: ‘It is extremely best for every. .. These folks do not need to cover-up the arrangement, you’ll find nothing is embarrassed of’. Footnote 74 The latest ethnographic meanings often emphasise new practical and slightly harmonious nature of your own polyandrous arrangement, that one area was even titled ‘staying in you to peace’. Footnote 75 As to the reasons after that achieved it disappear?