5. Epilogue: polyandry from the nineteenth and you will twentieth ages
In 1795, Dutch Ceylon fell on the British hand, and caused it to be a crown colony in 1802. By 1815, they’d together with conquered the previous separate Empire away from Kandy. British stipulated that regarding the previous Dutch nations the current guidelines would-be kept, while from inside the Kandy typical laws and regulations were to become implemented, which were after that codified. We come across about introductory area one several experts thought the new Portuguese and also the Dutch got effortlessly stamped out polyandry for the the fresh maritime provinces. Several professionals say that, used, traditional rules had stored precedence, until legislation try ‘hushed otherwise inapplicable’. Footnote 68 In reality, we have seen in the section step 3 how a Eu attorneys in fact invoked this type of vintage guidelines so you can ask the new validity out-of polyandry. Footnote 69 Although not, british believed from the start that the maritime provinces got started influenced considering Roman-Dutch rules. Already from inside the 1822, it bought new re also-advent of the institution thombos, besides for Christians however for the complete populace of the maritime provinces. The newest pre-eminence regarding Roman Dutch Law try codified into the a rental out of 1831, and an ordinance from 1847 given the blocked quantities of matrimony, restricted chronilogical age of activities, and you can cause of breakup. In the long run, in the 1861 Roman-Dutch law was announced as the binding for the whole area. Footnote 70 So it paradoxical court situation could have been summarised aswell by the Jayawardene: ‘[The fresh new Dutch] introduced new Roman-Dutch Law to Ceylon; but it is the English… just who created it between the Singhalese, who managed to get regulations of land’. Footnote 71
Brand new woman gets food away from for every single husband, and additionally they all the convey more
We surmise that the a lot more strict applying of Roman-Dutch laws additionally the expansion from ilies in the coastal portion given a beneficial polyandrous connection. Therefore a married relationship wasn’t courtroom, pupils cannot inherit off their next father. How about the within? The fresh codified Kandyan legislation contains all sorts of conditions and terms on how inheritances off combined husbands were to feel split. However in the fresh new 1850s an excellent reent occurred. Inside the 1855, Governor Ward obtained a petition about Chiefs regarding Kandy, ‘praying on the abolition because of the regulations from polygamy and polyandry’. The brand new plea are regular twice within the 1858, eventually to be acquired by alternatively baffled British, exactly who continued in 1859 to outlaw polygamy and you may divorce proceedings because of the shared concur and to build registered monogamous relationship really the only court means. Why did the new elites turn up against their particular lifestyle and exactly why did they offer british it possible opportunity to ‘civilise’ this new Sinhalese? Specific scholars exhort us to understand involving the outlines of your petitions. They say that the professional out of landowners desired a great ‘reform’ from relationship while they aimed to reduce divorced and you can widowed ladies classic says for the places of their mothers, that happen to be basically taken advantage of of the its brothers. Residential property transactions and you will setting-up highest ranches required basic relationships and you will heredity laws and regulations, however, it was cloaked in the a strike for the polygamy, a bait that Uk grabbed. Footnote 72 For this reason, the british implemented an effective Eu concept of relationships towards Kandyan people, hence immediately caused a beneficial flurry off lawsuits as most of the unregistered ous – was in fact today considered unlawful. Berwick, the ruotsi kuumat naiset newest crucial courtroom out of Colombo, aptly called the 1859 Regulation good ‘bitter current away from bastardy’. Footnote 73
This conjecture maybe is due to the latest confusion about your relation anywhere between Dutch official rules while the typical, uncodified, laws and regulations of one’s Sinhalese
Even if polyandry would-be penalized because of the to 36 months of hard labor, the newest behavior proceeded until well on the twentieth-century, albeit into the dwindling number. Hence, it absolutely was however easy for the brand new ethnographers which observed town lifetime on mountainous interior regarding the 1950s to examine established polyandrous affairs or assemble reminiscences out-of previous such as interactions. As an example, the people regarding Udumulla for the east Sri Lanka analyzed polyandry certainly: ‘It’s very best for all the. .. These individuals need not mask the new plan, you’ll find nothing are ashamed of’. Footnote 74 The latest ethnographic descriptions often emphasise the latest important and quite good characteristics of your polyandrous plan, that one area was even entitled ‘located in one to peace’. Footnote 75 As to the reasons upcoming did it decrease?