Inside 1795, Dutch Ceylon decrease with the United kingdom hand, and managed to get a top colony inside 1802. By 1815, that they had along with conquered the previous independent Empire out of Kandy. The british stipulated that about former Dutch regions the existing rules could be kept, whereas for the Kandy customary laws was to getting followed, which were next codified. We have seen regarding the basic section one multiple writers believed the new Portuguese and the Dutch had effortlessly stamped aside polyandry when you look at the brand new maritime provinces. Several benefits declare that, in practice, typical laws had held precedence, except if regulations try ‘hushed otherwise inapplicable’. Footnote 68 Indeed, we come across within the point 3 how good European attorney in fact invoked these types of standard laws in order to plead the newest validity of polyandry. Footnote 69 However, british believed from the beginning that coastal provinces had come ruled predicated on Roman-Dutch laws. Currently in the 1822, they ordered the brand new re-regarding the school thombos, besides to have Christians but also for the whole populace of your own maritime provinces. New pre-eminence out-of Roman Dutch Rules is codified from inside the a rental regarding 1831, and you can a regulation out of 1847 given the blocked degrees of wedding, minimal age events, and you may cause of divorce. Ultimately, when you look at the 1861 Roman-Dutch laws is declared because the binding for the whole area. Footnote 70 It paradoxical courtroom condition might have been summarised and from the Jayawardene: ‘[The newest Dutch] introduced the brand new Roman-Dutch Legislation so you’re able to Ceylon; but it is this new English… who depending they amongst the Singhalese, just who managed to get what the law states of land’. Footnote 71
New lady gets dining off for each partner, and they most of the convey more
We surmise that much more strict application of Roman-Dutch statutes while the expansion out of ilies regarding the coastal section provided good polyandrous commitment. As a result a wedding wasn’t courtroom, pupils could not inherit off their second father. How about the interior? The codified Kandyan legislation consisted of all sorts of fine print about how precisely inheritances of mutual husbands was to become split. But in the newest 1850s an effective reent happened. From inside the 1855, Governor Ward obtained a beneficial petition regarding Chiefs away from Kandy, ‘hoping towards abolition by the laws and regulations from polygamy and you will polyandry’. The latest plea is actually repeated double in 1858, ultimately getting acquired of the instead puzzled British, exactly who went on when you look at the 1859 to help you outlaw polygamy and you will divorce or separation of the common agree and make inserted monogamous relationship the only courtroom mode. As to the reasons did the brand new elites change up against their customs and why performed they supply british so it possible opportunity to ‘civilise’ the fresh new Sinhalese? Some students exhort me to comprehend between the outlines of the petitions. They say that this top-notch away from landowners wished an excellent ‘reform’ out-of relationships as they lined up to reduce separated and you will widowed ladies’ customary says towards countries of the moms and dads, that happen to be essentially exploited by its brothers. Homes purchases and installing higher plantations required simplistic relationship and you may heredity rules, but it was cloaked into the a hit to your polygamy, a lure that your Uk grabbed. Footnote 72 Thus, the british imposed a beneficial Eu idea of marriage on Kandyan inhabitants, and this immediately brought about a good flurry out of litigation just like the the unregistered ous – was in fact today considered unlawful. Berwick, this new vital courtroom away from Colombo, appropriately known as 1859 Ordinance an effective ‘bitter provide from bastardy’. Footnote 73
Which conjecture maybe stems from new dilemma regarding your relatives ranging from Dutch authoritative laws and also the vintage, uncodified, statutes of the Sinhalese
Regardless if polyandry would be penalized of the up to 36 months of hard work, the brand new practice carried on until well toward twentieth century, albeit inside the diminishing number. Hence, it absolutely was nevertheless simple for the brand new ethnographers which noticed community lifestyle regarding the mountainous interior in the 1950s to review current polyandrous relations or gather reminiscences out-of past such as for instance relations. For instance, the people from Udumulla in the eastern Sri Lanka examined polyandry positively: ‘It’s very best for all the. .. These folks do not need to cover-up new plan, you’ll find nothing is ashamed of’. Footnote 74 The https://getbride.org/tr/macar-kadinlar/ brand new ethnographic definitions tend to stress the basic and somewhat good character of your own polyandrous plan, which in an area was even named ‘living in one peace’. Footnote 75 As to the reasons then did it disappear?