Into the 1795, Dutch Ceylon dropped on Uk give, in addition they caused it to be a top colony in 1802. Of the 1815, they had and beat the previous separate Empire out of Kandy. British stipulated you to definitely from the previous Dutch nations the current guidelines would be kept, while inside Kandy regular rules was to be implemented, which have been after that codified. We come across throughout the introductory area that several experts assumed this new Portuguese and also the Dutch got effectively stamped away polyandry inside the the fresh maritime provinces. Multiple pros point out that, in practice, typical law had held precedence, until legislation are ‘silent or inapplicable’. Footnote 68 In reality, we have seen for the point 3 just how a great European attorneys actually invoked this type of conventional statutes to help you ask the fresh authenticity away from polyandry. Footnote 69 But not, the british thought from the start your coastal provinces got come governed centered on Roman-Dutch law. Already when you look at the 1822, they ordered new lso are-introduction of the school thombos, not simply to possess Christians but also for the entire society of one’s coastal provinces. This new pre-eminence out of Roman Dutch Laws are codified inside the a rental off 1831, and you may a regulation from 1847 specified their banned quantities of relationships, minimal chronilogical age of events, and you can cause of divorce proceedings. Finally, from inside the 1861 Roman-Dutch law are proclaimed while the joining for your isle. Footnote 70 This paradoxical courtroom disease could have been summarised as well of the Jayawardene: ‘[The new Dutch] delivered the fresh new Roman-Dutch Rules in order to Ceylon; but it is the English… who oriented it amongst the Singhalese, whom caused it to be regulations of one’s land’. Footnote 71
We surmise your even more stringent applying of Roman-Dutch guidelines in addition to expansion out-of ilies throughout the seaside parts offered good polyandrous relationship. As a result a married relationship wasn’t judge, students cannot inherit from their second dad. How about the within? Brand new codified Kandyan laws and regulations contains a myriad of fine print about precisely how inheritances out of joint husbands would be to become divided. But in the brand new 1850s an excellent reent taken place. For the 1855, Governor Ward received an effective petition regarding the Chiefs of Kandy, ‘hoping on the abolition of the laws of polygamy and you will polyandry’. The latest plea try regular double for the 1858, eventually are acquired by rather confused Uk, just who continued when you look at the 1859 to help you outlaw polygamy and divorce or separation of the common agree and to create joined monogamous matrimony the sole judge means. As to the reasons performed the fresh elites change up against their community and just why performed they provide british that it chance to ‘civilise’ the newest Sinhalese? Specific scholars exhort us to read between your contours of the petitions. It is said that elite group from landowners need a good ‘reform’ of matrimony as they aimed to minimize separated and widowed women’s traditional says towards lands of their mothers, that have been essentially rooked by the brothers. Home deals and you may creating highest ranches required simplified matrimony and you will genetics laws, however, this was cloaked when you look at the a strike on the polygamy, a lure that your British took. Footnote 72 Thus, the british enforced a beneficial Eu concept of relationships to the Kandyan population, hence instantaneously triggered a flurry off lawsuits once the all unregistered ous – had been today considered illegal. Berwick, the latest crucial judge from Colombo, aptly known as 1859 Regulation a ‘sour provide out of bastardy’. Footnote 73
Even in the event polyandry might be punished by to 36 months out-of hard work, the fresh new practice proceeded until better to your twentieth century, albeit when you look at the dwindling amounts. Ergo, it actually was nevertheless easy for brand new ethnographers which noticed village lifestyle from the mountainous indoor from the 1950s to study established polyandrous relations or collect reminiscences from prior such relations. Including, the folks out-of Udumulla during the east Sri Lanka examined polyandry definitely: ‘It’s very ideal for all of the. .. These people need not cover-up the latest plan, nothing is become embarrassed of’. Footnote 74 The new ethnographic meanings have a tendency to emphasise brand new standard and you can some good character of your polyandrous plan, which in an area happened to be called ‘living in one peace’. Footnote 75 As to the reasons after that achieved it fall off?
