Within the 1795, Dutch Ceylon fell for the British give, and they managed to get a crown colony during the 1802. From the 1815, they’d including overcome the previous separate Empire regarding Kandy. The british stipulated one to in the previous Dutch countries the existing guidelines might possibly be kept, while for the Kandy traditional statutes was to be used, which have been next codified. We come across regarding the introductory point one to multiple article authors believed new Portuguese plus the Dutch had efficiently stamped aside polyandry from inside the the fresh new coastal provinces. Multiple benefits claim that, used, classic law had held precedence, unless regulations try ‘quiet otherwise inapplicable’. Footnote 68 Actually, we come across within the part step 3 how an excellent Western european attorney in reality invoked such classic guidelines so you’re able to plead the new validity off polyandry. Footnote 69 However, british thought from the start your coastal provinces had been governed according to Roman-Dutch legislation. Already from inside the 1822, they purchased the newest re-regarding the school thombos, not simply having Christians however for the entire people of maritime provinces. The pre-eminence out-of Roman Dutch Laws is actually codified for the a rental off 1831, and you can a regulation out-of 1847 specified its blocked degrees of marriage, minimal age of activities, and known reasons for divorce. Eventually, within the 1861 Roman-Dutch legislation is actually proclaimed once the binding for your island. Footnote 70 It paradoxical legal state might have been summarised nicely from the Jayawardene: ‘[The newest Dutch] put the Roman-Dutch Rules so you’re able to Ceylon; however it is brand new English… just who based it within Singhalese, just who caused it to be legislation of the land’. Footnote 71
The brand new woman gets eating away from for every single spouse, in addition they all do have more
I surmise the a whole lot more strict application of Roman-Dutch guidelines and also the expansion of ilies on coastal parts given a good polyandrous connection. As a result a married relationship wasn’t legal, youngsters could not inherit using their next father. What about the interior? The newest codified Kandyan legislation contains a myriad of stipulations exactly how inheritances from mutual husbands was to become separated. But in the 1850s a reent taken place. For the 1855, Governor Ward obtained a great petition regarding the Chiefs out of Kandy, ‘praying to the abolition of the statutes from polygamy and polyandry’. Brand new plea are regular double inside 1858, ultimately becoming acquired from the rather puzzled British, exactly who went on when you look at the 1859 to outlaw polygamy and you may separation because of the common consent also to create registered monogamous wedding really the only court function. As to why did the latest elites turn facing her heritage and just why performed they supply the british that it possible opportunity to ‘civilise’ the new Sinhalese? Certain scholars exhort us to realize between your lines of your petitions. They do say this elite off landowners wished an excellent ‘reform’ off wedding as they aimed to attenuate divorced and you can widowed ladies standard says for the lands of its parents, that have been generally cheated by its brothers. Land purchases and you will setting up high plantations expected simplified marriage and you will inheritance regulations, but this is cloaked during the an attack to the polygamy, a bait which the United kingdom took. Footnote 72 For this reason, the british implemented a beneficial Eu idea of marriage towards the Kandyan inhabitants, and that instantly caused a flurry regarding legal actions because the the unregistered ous – were now deemed illegal. Berwick, brand new critical courtroom off Colombo, aptly called the 1859 Regulation a beneficial ‘bitter gift from bastardy’. Footnote 73
It conjecture perhaps stems from new confusion about your relatives anywhere between Dutch specialized legislation as well as the typical, uncodified, laws and regulations of one’s Sinhalese
Even when polyandry could well be punished by up to 36 months out of tough work, the newest habit continuing up to really into the twentieth-century, yunanca kadД±n albeit inside diminishing amounts. Ergo, it had been nevertheless simple for the fresh new ethnographers whom noticed community life on the mountainous interior about 1950s to examine present polyandrous affairs or gather reminiscences regarding early in the day like relations. Such as, the people from Udumulla from inside the east Sri Lanka evaluated polyandry absolutely: ‘It is very good for all the. .. These people don’t need to cover up the fresh plan, there’s nothing to be ashamed of’. Footnote 74 The fresh new ethnographic descriptions will stress brand new fundamental and you will some good character of polyandrous arrangement, which in an area was even called ‘residing you to definitely peace’. Footnote 75 Why upcoming achieved it decrease?