In the 1795, Dutch Ceylon fell to the Uk give, and so they managed to make it a crown nest inside 1802. Of the 1815, that they had along with defeated the former independent Empire from Kandy. British stipulated that on the previous Dutch nations the current legislation would-be upheld, whereas https://getbride.org/tr/seksi-ve-sicak-filipinler-kadinlar/ within the Kandy customary regulations would be to end up being used, which were subsequently codified. There are from the introductory area one to several writers thought new Portuguese additionally the Dutch got effectively stamped aside polyandry from inside the this new maritime provinces. Several positives say that, in practice, vintage laws got stored precedence, unless the law try ‘hushed or inapplicable’. Footnote 68 In reality, there are for the part 3 exactly how a beneficial European attorneys actually invoked these types of typical rules to help you plead the new validity of polyandry. Footnote 69 Although not, british thought from the beginning that coastal provinces had become influenced centered on Roman-Dutch laws. Currently inside 1822, they ordered the new lso are-introduction of the college thombos, not only getting Christians but for the complete populace of your own maritime provinces. The fresh new pre-eminence of Roman Dutch Law try codified in the a rent of 1831, and you may an ordinance out of 1847 given their banned quantities of marriage, restricted ages of people, and you may known reasons for divorce. In the long run, for the 1861 Roman-Dutch rules are proclaimed due to the fact joining for the whole island. Footnote 70 That it paradoxical legal problem might have been summarised as well of the Jayawardene: ‘[The newest Dutch] delivered this new Roman-Dutch Rules to Ceylon; but it’s this new English… whom based it involving the Singhalese, just who managed to make it regulations of one’s land’. Footnote 71
The latest woman will get dining regarding each spouse, in addition they all of the have significantly more
We surmise that the much more strict application of Roman-Dutch laws therefore the expansion from ilies in the coastal components considering a polyandrous partnership. As such a marriage was not judge, college students couldn’t inherit from their second father. How about the within? New codified Kandyan regulations consisted of all types of fine print regarding how inheritances away from mutual husbands would be to become split. But in brand new 1850s a great reent taken place. For the 1855, Governor Ward acquired an excellent petition throughout the Chiefs out-of Kandy, ‘praying into the abolition from the guidelines off polygamy and you can polyandry’. The fresh plea is constant double when you look at the 1858, ultimately getting obtained because of the instead puzzled Uk, just who proceeded inside 1859 so you’re able to outlaw polygamy and divorce from the shared consent and also to make inserted monogamous wedding truly the only court form. As to the reasons did the new elites change up against their own society and why did they provide british so it possible opportunity to ‘civilise’ this new Sinhalese? Some students exhort us to read within contours of the petitions. They say that top-notch from landowners wished a ‘reform’ out of relationships as they aligned to minimize separated and you may widowed ladies vintage says towards the places of the mothers, which have been essentially rooked from the the brothers. Property deals and you may establishing large plantations requisite basic marriage and you may inheritance regulations, however, it was cloaked within the a strike into the polygamy, a bait which the Uk grabbed. Footnote 72 Hence, the british implemented good Western european concept of relationships towards the Kandyan populace, and this quickly caused an excellent flurry off litigation since all of the unregistered ous – have been now deemed illegal. Berwick, this new critical court of Colombo, appropriately called the 1859 Regulation an effective ‘bad current of bastardy’. Footnote 73
That it conjecture perhaps is due to the latest frustration regarding your family ranging from Dutch formal rules and also the typical, uncodified, regulations of Sinhalese
No matter if polyandry could be penalized by the around 3 years out-of difficult labor, the new routine continued up to well on the twentieth century, albeit into the diminishing quantity. Ergo, it was nevertheless possible for brand new ethnographers just who noticed town existence throughout the mountainous indoor about 1950s to examine existing polyandrous connections or gather reminiscences out of past eg interactions. For example, the individuals away from Udumulla into the eastern Sri Lanka evaluated polyandry definitely: ‘It is very good for all of the. .. These individuals do not need to hide this new plan, there is nothing are ashamed of’. Footnote 74 This new ethnographic meanings have a tendency to stress the latest simple and you can a little harmonious characteristics of polyandrous plan, which in one area happened to be named ‘residing you to definitely peace’. Footnote 75 Why next did it disappear?