From inside the 1795, Dutch Ceylon dropped toward British hand, and managed to get a top colony for the 1802. By 1815, they had and additionally conquered the former independent Empire regarding Kandy. British stipulated one regarding previous Dutch countries current rules could well be kept, while in the Kandy standard laws and regulations would be to end up being accompanied, that happen to be next codified. We come across regarding the introductory part one to several authors believed the newest Portuguese and the Dutch had efficiently stamped out polyandry during the the newest maritime provinces. Several gurus say that, in practice, standard laws got held precedence, except if legislation try ‘silent or inapplicable’. Footnote 68 Actually, we come across for the part step 3 how a great Eu lawyer actually invoked this type of regular regulations in order to plead the fresh authenticity from polyandry. Footnote 69 However, the british believed from the start the coastal provinces got become influenced predicated on Roman-Dutch legislation. Already in 1822, it ordered the latest lso are-regarding the institution thombos, not simply for Christians but for the complete inhabitants of coastal provinces. The newest pre-eminence out-of Roman Dutch Laws is codified when you look at the a rent out-of 1831, and you may a regulation from 1847 given its banned levels of relationships, minimal period of people, and you will cause of divorce or separation. In the long run, inside 1861 Roman-Dutch laws was declared since binding for the entire island. Footnote 70 That it paradoxical court situation has been summarised besides by Jayawardene: ‘[This new Dutch] produced the new Roman-Dutch Laws so you can Ceylon; but it is the fresh English… exactly who created they between your Singhalese, exactly who caused it to be what the law states of land’. Footnote 71
This new woman becomes restaurants of per husband, and they most of the do have more
We surmise that way more stringent application of Roman-Dutch guidelines and expansion away from ilies on the seaside portion offered a great polyandrous union. As a result a married relationship was not courtroom, youngsters could not inherit using their 2nd dad. How about the within? The new codified Kandyan guidelines contained all kinds of fine print on how inheritances away from mutual husbands was to become split. However in the latest 1850s a beneficial reent taken place. In the 1855, Governor Ward obtained an excellent petition in the Chiefs of Kandy, ‘hoping for the abolition because of the laws out of polygamy and you can polyandry’. This new plea are regular twice when you look at the 1858, finally is found by rather confused Uk, just who went on from inside the 1859 in order to outlaw polygamy and split up by shared agree also to create inserted monogamous matrimony the only real court means. As to why performed the fresh new elites change up against their own heritage and just why performed they provide british so it opportunity to ‘civilise’ the new Sinhalese? Certain scholars exhort us to discover within lines of your own petitions. They say this elite away from landowners desired an effective ‘reform’ from wedding while they https://getbride.org/tr/sloven-kadinlari/ lined up to attenuate separated and you may widowed ladies vintage says to your lands of the parents, which have been basically exploited from the its brothers. House transactions and you will setting up large plantations expected simplistic matrimony and you can genetics laws and regulations, however, this is cloaked into the a hit to the polygamy, a lure which the British got. Footnote 72 Thus, british imposed a good European notion of relationships toward Kandyan people, and that immediately triggered a good flurry regarding litigation just like the all unregistered ous – had been today deemed unlawful. Berwick, the fresh vital courtroom out-of Colombo, appropriately called the 1859 Ordinance a ‘sour present regarding bastardy’. Footnote 73
Which supposition maybe is due to the new frustration concerning your family between Dutch authoritative laws together with standard, uncodified, rules of one’s Sinhalese
Even if polyandry might possibly be penalized from the to three years of tough labour, the new habit continuing up to better with the twentieth century, albeit inside the diminishing numbers. Ergo, it had been nevertheless possible for new ethnographers just who noticed community lifestyle regarding the mountainous indoor regarding the 1950s to learn existing polyandrous connections or gather reminiscences of past like relations. For example, the individuals regarding Udumulla in east Sri Lanka evaluated polyandry undoubtedly: ‘It’s very ideal for all the. .. These folks do not need to cover-up the plan, there’s nothing become embarrassed of’. Footnote 74 The new ethnographic meanings usually stress the fresh practical and you may a bit good characteristics of your polyandrous plan, that an area was even titled ‘residing one to peace’. Footnote 75 As to the reasons next made it happen disappear?