5. Epilogue: polyandry about nineteenth and you may 20th years

Into the 1795, Dutch Ceylon decrease with the United kingdom hand, plus they managed to get a top nest from inside the 1802. Of the 1815, they had plus defeated the former independent Empire away from Kandy. The british stipulated one from the previous Dutch nations current laws is kept, while from inside the Kandy standard regulations was to become then followed, that happen to be after that codified. We have seen in the basic part one to several experts assumed the Portuguese and Dutch got effortlessly stamped aside polyandry inside the newest coastal provinces. Multiple experts point out that, used, customary rules had held precedence, unless regulations was ‘quiet or inapplicable’. Footnote 68 In reality, we have seen within the section 3 just how a great Western european lawyer in fact invoked this type of standard statutes so you can ask this new legitimacy out-of polyandry. Footnote 69 Yet not, the british believed from the start that maritime provinces had come ruled predicated on Roman-Dutch law. Already from inside the 1822, they ordered this new lso are-advent of the institution thombos, besides for Christians but also for the entire people of your own coastal provinces. New pre-eminence away https://getbride.org/tr/blog/dominik-tanisma-siteleri/ from Roman Dutch Rules try codified for the a charter from 1831, and an ordinance of 1847 specified the prohibited degrees of relationships, minimal age of people, and you can reasons behind breakup. Finally, inside the 1861 Roman-Dutch legislation is stated just like the binding for the whole area. Footnote 70 That it paradoxical legal state could have been summarised nicely by the Jayawardene: ‘[The fresh new Dutch] put the fresh Roman-Dutch Law so you’re able to Ceylon; however it is the fresh English… just who dependent it amongst the Singhalese, who managed to make it what the law states of your own land’. Footnote 71

New woman becomes dining of for each husband, and all the have more

We surmise that the a great deal more strict applying of Roman-Dutch legislation plus the expansion regarding ilies from the coastal areas given an excellent polyandrous connection. Therefore a wedding wasn’t legal, children cannot inherit using their second dad. What about the within? The codified Kandyan statutes consisted of all types of conditions and terms regarding how inheritances away from mutual husbands would be to getting split up. However in the latest 1850s an effective reent occurred. In the 1855, Governor Ward obtained a good petition regarding Chiefs out-of Kandy, ‘hoping for the abolition by rules away from polygamy and you can polyandry’. The latest plea is actually regular double when you look at the 1858, eventually becoming acquired from the alternatively perplexed British, whom proceeded for the 1859 to outlaw polygamy and you will divorce or separation by the shared consent and to make registered monogamous matrimony the only judge function. As to the reasons performed the brand new elites change facing their unique community and exactly why performed they supply british so it possibility to ‘civilise’ the latest Sinhalese? Certain students exhort me to realize within traces of one’s petitions. It is said this particular elite off landowners wished good ‘reform’ of relationships because they aligned to attenuate separated and widowed women’s vintage says for the lands of its mothers, which were essentially exploited of the their brothers. Property deals and establishing higher ranches needed simplified marriage and you will inheritance laws, however, this was cloaked inside an attack to the polygamy, a lure which the British got. Footnote 72 For this reason, the british imposed good Western european idea of relationship toward Kandyan inhabitants, hence quickly caused a beneficial flurry of legal actions due to the fact all of the unregistered ous – were now considered illegal. Berwick, new crucial court from Colombo, aptly called the 1859 Regulation good ‘bitter current regarding bastardy’. Footnote 73

This conjecture maybe comes from the latest frustration about your loved ones between Dutch official rules and typical, uncodified, rules of your Sinhalese

Even in the event polyandry could be penalized by doing 36 months from difficult work, the latest habit carried on up until well toward twentieth century, albeit when you look at the dwindling number. Therefore, it actually was still easy for the new ethnographers whom noticed town lifetime on the mountainous indoor regarding the 1950s to review current polyandrous relationships or gather reminiscences out-of earlier in the day such as for example relationships. As an instance, individuals away from Udumulla when you look at the east Sri Lanka analyzed polyandry seriously: ‘It is extremely ideal for every. .. These folks need not mask the fresh arrangement, there’s nothing become ashamed of’. Footnote 74 The fresh ethnographic descriptions often stress the fresh new important and you can quite good nature of your own polyandrous arrangement, which in one area was even titled ‘residing one to peace’. Footnote 75 As to the reasons following made it happen drop-off?