For the 1795, Dutch Ceylon fell into the British hands, and additionally they managed to get a top nest inside the 1802. Because of the 1815, that they had and additionally beat the previous separate Kingdom from Kandy. British specified that on the former Dutch regions the existing laws and regulations could well be upheld, while within the Kandy conventional rules was to be used, which were after that codified. We have seen about basic area that multiple article authors presumed new Portuguese together with Dutch had effectively stamped aside polyandry when you look at the the newest maritime provinces. Multiple experts point out that, in practice, customary law had held precedence, unless of course the law are ‘silent otherwise inapplicable’. Footnote 68 Actually, there are inside point step 3 exactly how an excellent Western european lawyer in fact invoked these types of conventional laws and regulations so you’re able to beg the fresh new authenticity regarding polyandry. Footnote 69 Although not, british presumed from the start the maritime provinces got been governed considering Roman-Dutch rules. Already from inside the 1822, they bought brand new re-advent of the institution thombos, just getting Christians but for the complete inhabitants of the coastal provinces. The pre-eminence out-of Roman Dutch Legislation is actually codified within the a rent of 1831, and you will a regulation out of 1847 specified its prohibited amounts of matrimony, minimal age activities, and you may reasons behind split up. Finally, inside 1861 Roman-Dutch law try declared since joining for your island. Footnote gorgeousbrides.net Hvorfor ikke finne ut mer 70 That it paradoxical legal problem has been summarised besides by Jayawardene: ‘[New Dutch] put the fresh Roman-Dutch Law so you’re able to Ceylon; but it’s brand new English… which oriented it amongst the Singhalese, just who caused it to be legislation of one’s land’. Footnote 71
Brand new woman becomes dinner off per husband, as well as every do have more
We surmise that even more stringent application of Roman-Dutch rules while the extension off ilies from the seaside components provided an excellent polyandrous union. As such a married relationship wasn’t courtroom, pupils cannot inherit from their next father. What about the within? The newest codified Kandyan legislation contains all kinds of fine print about how inheritances away from joint husbands was to feel split. In the fresh new 1850s a reent happened. During the 1855, Governor Ward obtained good petition regarding the Chiefs away from Kandy, ‘hoping to the abolition of the legislation out-of polygamy and you may polyandry’. The fresh plea try repeated double in 1858, in the end to-be found from the alternatively perplexed United kingdom, which proceeded inside the 1859 to outlaw polygamy and you can divorce case by mutual concur in order to make inserted monogamous marriage the only real courtroom form. As to why did the latest elites turn up against their unique customs and exactly why did they supply the british this possibility to ‘civilise’ the Sinhalese? Certain students exhort us to read within contours of your petitions. They claim this particular elite off landowners need an effective ‘reform’ of matrimony because they aimed to reduce divorced and you can widowed ladies conventional claims with the countries of the parents, that have been basically rooked from the the brothers. Home transactions and installing highest ranches needed basic relationship and you may genetics regulations, however, this was cloaked inside the a strike with the polygamy, a lure which the British got. Footnote 72 Thus, the british implemented a great Western european notion of matrimony into Kandyan inhabitants, which instantly triggered an effective flurry off litigation since most of the unregistered ous – was basically today deemed unlawful. Berwick, the fresh new crucial legal from Colombo, aptly called the 1859 Ordinance an effective ‘bad present of bastardy’. Footnote 73
So it conjecture perhaps is due to the brand new misunderstandings regarding your loved ones ranging from Dutch specialized laws plus the conventional, uncodified, guidelines of your own Sinhalese
Regardless if polyandry could be penalized of the up to 3 years regarding tough labour, the latest practice continuous up until better toward twentieth-century, albeit when you look at the dwindling amounts. Hence, it absolutely was nevertheless possible for the fresh ethnographers which noticed village life throughout the mountainous interior regarding the 1950s to analyze present polyandrous interactions otherwise collect reminiscences out of earlier in the day such relations. As an instance, the folks regarding Udumulla inside the east Sri Lanka analyzed polyandry surely: ‘It’s very best for all the. .. These individuals do not need to mask new arrangement, you’ll find nothing are embarrassed of’. Footnote 74 The brand new ethnographic descriptions tend to stress the brand new standard and you can a little unified characteristics of your own polyandrous plan, that one area happened to be called ‘residing in one to peace’. Footnote 75 As to why up coming did it decrease?
