In the 1795, Dutch Ceylon decrease into the United kingdom hands, in addition they managed to get gorgeousbrides.net PrГёv dette nettstedet a crown colony in 1802. By the 1815, they’d together with beat the former separate Empire out-of Kandy. British specified one to about previous Dutch nations the current regulations would-be upheld, whereas in Kandy typical regulations was to be implemented, that happen to be after that codified. We have seen on basic point that numerous people thought the fresh new Portuguese plus the Dutch got effectively stamped aside polyandry for the the new maritime provinces. Numerous masters say that, used, conventional legislation had held precedence, unless regulations was ‘hushed otherwise inapplicable’. Footnote 68 Actually, we come across during the section step 3 just how an excellent Eu attorney actually invoked such standard statutes in order to beg the fresh validity off polyandry. Footnote 69 But not, british assumed from the start that the maritime provinces had already been influenced centered on Roman-Dutch laws. Already inside the 1822, it purchased this new re also-introduction of the school thombos, not just having Christians but for the complete populace of maritime provinces. Brand new pre-eminence away from Roman Dutch Law try codified from inside the a rental of 1831, and you can a regulation out of 1847 given its prohibited levels of relationships, minimal period of functions, and you can grounds for split up. Ultimately, in 1861 Roman-Dutch legislation try stated since the joining for your area. Footnote 70 That it paradoxical courtroom state might have been summarised too of the Jayawardene: ‘[The brand new Dutch] introduced the Roman-Dutch Law so you’re able to Ceylon; but it is the fresh English… just who founded it involving the Singhalese, exactly who managed to get the law of your own land’. Footnote 71
The new woman gets eating out-of per partner, and they the convey more
We surmise that the alot more stringent application of Roman-Dutch guidelines in addition to expansion out-of ilies regarding coastal areas given good polyandrous relationship. Therefore a marriage wasn’t courtroom, youngsters could not inherit using their next dad. What about the inside? The new codified Kandyan laws and regulations contains all sorts of conditions and terms about how precisely inheritances away from mutual husbands was to feel split. In the new 1850s an excellent reent took place. When you look at the 1855, Governor Ward gotten a petition regarding the Chiefs from Kandy, ‘praying with the abolition because of the laws and regulations of polygamy and you may polyandry’. This new plea try repeated double inside 1858, in the end to-be acquired by rather puzzled United kingdom, whom proceeded for the 1859 so you can outlaw polygamy and you may divorce by the common agree and to make joined monogamous relationships the sole legal means. As to the reasons did brand new elites turn against their own customs and exactly why performed they supply british this possibility to ‘civilise’ the new Sinhalese? Specific students exhort us to see between the traces of your own petitions. People say this particular elite out of landowners need a ‘reform’ of marriage because they aimed to attenuate separated and you can widowed women’s conventional states on the places of the parents, which were basically taken advantage of from the its brothers. Property transactions and you will installing highest plantations expected simplistic matrimony and you may genetics guidelines, however, this is cloaked when you look at the a strike with the polygamy, a lure that United kingdom took. Footnote 72 Thus, british enforced a great European idea of marriage on the Kandyan society, hence quickly triggered an effective flurry regarding lawsuits while the most of the unregistered ous – have been now considered unlawful. Berwick, the important legal out-of Colombo, appropriately known as 1859 Regulation a great ‘sour current away from bastardy’. Footnote 73
This conjecture possibly comes from the misunderstandings regarding your relation anywhere between Dutch official legislation therefore the classic, uncodified, laws and regulations of the Sinhalese
Even when polyandry could be penalized of the up to three years out-of difficult work, the brand new routine carried on up to well on the twentieth century, albeit from inside the dwindling numbers. For this reason, it absolutely was however possible for the fresh ethnographers just who observed village lifetime regarding mountainous indoor on the 1950s to study current polyandrous interactions otherwise gather reminiscences away from previous like affairs. For-instance, individuals regarding Udumulla inside the east Sri Lanka evaluated polyandry definitely: ‘It is rather best for every. .. They do not need to cover up the latest plan, nothing is are ashamed of’. Footnote 74 The fresh new ethnographic definitions usually stress the new fundamental and you can slightly good characteristics of your own polyandrous plan, that an area happened to be entitled ‘residing you to peace’. Footnote 75 Why upcoming did it disappear?
