5. Epilogue: polyandry regarding the nineteenth and twentieth many years
Inside the 1795, Dutch Ceylon fell into the Uk give, and they managed to make it a top nest during the 1802. Because of the 1815, they’d together with defeated the previous separate Kingdom from Kandy. British specified one regarding the previous Dutch regions the current laws and regulations could well be kept, whereas from inside the Kandy vintage rules were to feel adopted, that have been subsequently codified. We come across throughout the basic point you to multiple article writers believed the brand new Portuguese additionally the Dutch got efficiently stamped out polyandry within the new maritime provinces. Numerous gurus claim that, used, customary laws got kept precedence, unless of course what the law states was ‘quiet otherwise inapplicable’. Footnote 68 In reality, we come across when you look at the area step three exactly how an excellent Eu attorneys indeed invoked these vintage statutes so you’re able to plead the new authenticity regarding polyandry. Footnote 69 However, the british thought right away your maritime provinces got come ruled based on Roman-Dutch rules. Currently from inside the 1822, it ordered the brand new re also-advent of the institution thombos, just getting Christians however for the whole populace of maritime provinces. The fresh pre-eminence of Roman Dutch Rules was codified inside the a charter off 1831, and you may an ordinance away from 1847 specified its prohibited degrees of relationship, restricted chronilogical age of parties, and you can good reasons for divorce case. Eventually, into the 1861 Roman-Dutch laws are stated since the joining for your island. Footnote 70 Which paradoxical legal disease might have been summarised as well by the Jayawardene: ‘[The fresh Dutch] produced brand new Roman-Dutch Legislation to Ceylon; but it is new English… exactly who mainly based it involving the Singhalese, whom managed to get what the law states of your land’. Footnote 71
The fresh woman will get dinner out-of for every single partner, plus they every do have more
I surmise that so much more strict applying of Roman-Dutch laws together with extension of ilies from the seaside parts offered an effective polyandrous partnership. As a result a wedding was not judge, children couldn’t inherit from their 2nd gorgeousbrides.net kriittinen linkki dad. How about the interior? The new codified Kandyan laws consisted of all sorts of fine print about how precisely inheritances out of combined husbands was to become split up. But in the fresh 1850s a great reent took place. From inside the 1855, Governor Ward received a good petition regarding the Chiefs from Kandy, ‘hoping for the abolition by the legislation out-of polygamy and polyandry’. New plea is repeated double within the 1858, fundamentally as picked up of the as an alternative baffled Uk, which continued within the 1859 so you can outlaw polygamy and you may separation of the shared consent and also to make joined monogamous wedding the sole judge function. Why performed brand new elites change facing her traditions and exactly why performed they offer the british this opportunity to ‘civilise’ the newest Sinhalese? Certain students exhort me to see between your lines of your petitions. It is said that elite of landowners wanted an excellent ‘reform’ away from relationship because they aligned to attenuate divorced and widowed ladies traditional says into countries of its mothers, which have been fundamentally cheated from the the brothers. Homes transactions and you can creating highest ranches required basic marriage and you can genetics rules, however, it was cloaked inside a strike on the polygamy, a bait which the United kingdom grabbed. Footnote 72 Hence, british imposed a Eu idea of marriage on the Kandyan society, and that instantly brought about good flurry of lawsuits because the every unregistered ous – was in fact now considered unlawful. Berwick, new important judge away from Colombo, aptly called the 1859 Regulation good ‘bad gift out of bastardy’. Footnote 73
This conjecture possibly comes from the new misunderstandings about your family ranging from Dutch authoritative law together with standard, uncodified, statutes of the Sinhalese
Regardless of if polyandry might possibly be punished because of the as much as 36 months out-of hard labor, the brand new routine continuing up to really into the twentieth-century, albeit in the diminishing number. Ergo, it absolutely was nevertheless simple for the new ethnographers which observed community lifestyle in the mountainous interior on 1950s to review present polyandrous affairs or assemble reminiscences of past eg interactions. For-instance, the individuals from Udumulla for the east Sri Lanka examined polyandry absolutely: ‘It is extremely good for most of the. .. These people do not need to cover up the new plan, nothing is to-be embarrassed of’. Footnote 74 The latest ethnographic meanings will emphasise brand new important and you will a little good character of the polyandrous plan, which in one area happened to be entitled ‘staying in that peace’. Footnote 75 As to the reasons after that made it happen disappear?