For the 1795, Dutch Ceylon decrease into the United kingdom hands, and they managed to get a top colony in 1802. Because of the 1815, they had including beaten the former independent Kingdom of Kandy. The british specified one on previous Dutch nations current statutes would-be kept, whereas in Kandy conventional rules were to end up being observed, which have been after that codified. We come across regarding the basic point one multiple writers presumed brand new Portuguese together with Dutch had effortlessly stamped out polyandry within the brand new maritime provinces. Several benefits claim that, used, regular rules had kept precedence, unless regulations try ‘quiet otherwise inapplicable’. Footnote 68 Actually, we come across from inside the section 3 just how a good European attorneys in reality invoked these types of customary legislation in order to ask this new legitimacy of polyandry. Footnote 69 Yet not, the british presumed from the start that the coastal provinces had already been influenced based on Roman-Dutch rules. Already in the 1822, they purchased the new re-regarding the college thombos, besides having Christians however for the complete populace of the maritime provinces. The newest pre-eminence away from Roman Dutch Law are codified for the a rental away from 1831, and you can a regulation away from 1847 specified its banned levels of relationships, restricted ages of parties, and grounds for separation. Fundamentally, in the 1861 Roman-Dutch legislation is actually stated while the binding for your island. Footnote 70 It paradoxical court problem has been summarised at the same time by Jayawardene: ‘[The newest Dutch] put the fresh new Roman-Dutch Law so you can Ceylon; but it is new English… whom created it between your Singhalese, whom managed to make it what the law states of your own land’. Footnote 71
The lady will get dinner away from for each and every partner, and additionally they all of the convey more
I surmise the significantly more strict application of Roman-Dutch regulations plus the expansion from ilies on the seaside components considering a polyandrous union. As such a wedding wasn’t legal, students cannot inherit from their second dad. How about the interior? This new codified Kandyan regulations consisted of all sorts of fine print about precisely how inheritances from combined husbands would be to getting split up. But in brand new 1850s an effective reent taken place. For the 1855, Governor Ward acquired an excellent petition on Chiefs from Kandy, ‘hoping towards abolition by laws of polygamy and you will polyandry’. New plea is regular double when you look at the 1858, eventually become found of the as an alternative perplexed British, just who continued inside 1859 to outlaw polygamy and you may splitting up because of the common agree and to create joined monogamous wedding the actual only real judge mode. Why did the elites change against their customs and why did they provide british so it possibility to ‘civilise’ the fresh Sinhalese? Some scholars exhort us to understand amongst the outlines of petitions. It is said this particular top-notch out-of landowners wanted a good ‘reform’ off marriage while they aligned to minimize separated and you will widowed women’s classic says into places of their mothers, that have been generally rooked by the the brothers. Land deals and you can setting-up large ranches needed basic matrimony and genetics laws and regulations, however, this is cloaked when you look at the a strike towards the polygamy, a bait that British got. Footnote 72 Therefore, the british imposed a good Western european idea of matrimony into the Kandyan inhabitants, and therefore immediately triggered a great flurry from lawsuits since all of the unregistered ous – was today considered illegal. Berwick, the brand new critical court out-of Colombo, appropriately known as 1859 Regulation an effective ‘bitter current regarding bastardy’. Footnote 73
So it conjecture possibly is due to the frustration about your family members anywhere between Dutch specialized rules plus the conventional, uncodified, rules of Sinhalese
Though polyandry could well be penalized by doing 3 years out-of hard labour, the brand new habit continued until well with the twentieth-century, albeit inside the dwindling numbers. Hence, it was nonetheless simple for this new ethnographers whom noticed village lifestyle regarding mountainous interior throughout the 1950s to study present polyandrous connections or collect reminiscences from past instance interactions. As an example, the individuals away from Udumulla during the eastern Sri Lanka evaluated polyandry surely: ‘It’s very perfect for all of the. .. Г‡ekГ§e kadД±n gГјzel They do not need to mask the latest plan, there is nothing becoming ashamed of’. Footnote 74 The fresh new ethnographic descriptions will emphasise this new standard and you will quite good nature of your polyandrous plan, which in an area was even named ‘residing you to peace’. Footnote 75 As to why next achieved it decrease?