5. Epilogue: polyandry on nineteenth and twentieth many years

During the 1795, Dutch Ceylon fell to the United kingdom hand, and they made it a top nest in 1802. From the 1815, that they had as well as beaten the previous independent Empire regarding Kandy. The british stipulated you to definitely throughout the previous Dutch nations the present guidelines will be upheld, whereas from inside the Kandy classic rules was to become followed, that happen to be after that codified. There are about introductory part one numerous people assumed the fresh Portuguese and Dutch had efficiently stamped aside polyandry in the the brand new coastal provinces. Several professionals point out that, in practice, vintage law had held precedence, unless of course the law was ‘hushed otherwise inapplicable’. Footnote 68 Indeed, we come across during the section step three exactly how an effective Eu lawyer indeed invoked this type of standard statutes so you’re able to plead the validity of polyandry. Footnote 69 However, british assumed from the beginning the maritime provinces had started influenced considering Roman-Dutch rules. Already in 1822, they purchased the fresh lso are-introduction of the institution thombos, not only for Christians however for the whole society of your coastal provinces. The pre-eminence out of Roman Dutch Law is actually codified in the a charter from 1831, and you may an ordinance away from 1847 given the banned levels of relationship, limited ages of people, and you can reasons behind divorce. Fundamentally, when you look at the 1861 Roman-Dutch rules is stated just like the joining for the entire isle. Footnote 70 It paradoxical courtroom problem has been summarised also because of the Jayawardene: ‘[The latest Dutch] produced the latest Roman-Dutch Rules to Ceylon; but it is new English… who situated they amongst the Singhalese, exactly who managed to get what the law states of the land’. Footnote 71

The new lady will get dinner out-of for each spouse, plus they all have more

I surmise the significantly more stringent application of Roman-Dutch legislation and extension from ilies regarding the coastal elements offered a beneficial polyandrous commitment. As such a wedding was not courtroom, children cannot inherit using their next father. What about the within? The codified Kandyan laws and regulations contains all sorts of conditions and terms about precisely how inheritances out-of shared husbands would be to feel split up. But in the fresh 1850s a reent happened. During the 1855, Governor Ward obtained an effective petition on the Chiefs from Kandy, ‘hoping on abolition by guidelines away from polygamy and you will polyandry’. The plea was regular double inside 1858, fundamentally to get found from the alternatively mislead British, whom went on from inside the 1859 to outlaw polygamy and divorce because of the shared consent and generate joined monogamous matrimony the only legal means. As to the reasons did the latest elites change against her lifestyle and why did they provide the british this opportunity to ‘civilise’ this new Sinhalese? Certain students exhort us to realize involving the lines of the petitions. They state this particular top-notch of landowners wished an effective ‘reform’ out of matrimony while they aimed to minimize divorced and widowed ladies’ regular claims for the places of their moms and dads https://gorgeousbrides.net/fi/venezuelan-morsiamet/, which were basically exploited by their brothers. Homes deals and you may creating highest ranches necessary simplified wedding and heredity laws, however, it was cloaked from inside the an attack on polygamy, a bait that your Uk grabbed. Footnote 72 Therefore, british enforced a good European concept of marriage with the Kandyan inhabitants, and therefore instantly brought about a great flurry out-of legal actions since the the unregistered ous – had been today considered illegal. Berwick, the fresh new critical courtroom regarding Colombo, aptly known as 1859 Regulation a good ‘bad provide from bastardy’. Footnote 73

It supposition possibly stems from the brand new dilemma regarding the loved ones between Dutch authoritative laws and also the traditional, uncodified, laws of Sinhalese

Regardless if polyandry would-be punished from the up to 3 years off difficult work, the latest behavior carried on up to really to your twentieth century, albeit from inside the diminishing wide variety. Thus, it absolutely was nonetheless simple for the newest ethnographers exactly who seen community life on the mountainous interior about 1950s to review current polyandrous relationships or assemble reminiscences out of prior instance relationships. As an instance, the individuals off Udumulla in eastern Sri Lanka examined polyandry definitely: ‘It is rather best for most of the. .. These individuals do not need to cover up this new arrangement, nothing is getting ashamed of’. Footnote 74 The latest ethnographic meanings tend to emphasise the latest basic and you may quite good character of your own polyandrous plan, which in one area was even entitled ‘located in one peace’. Footnote 75 As to the reasons after that made it happen disappear?