5. Epilogue: polyandry on 19th and you can twentieth years

When you look at the 1795, Dutch Ceylon dropped on the Uk hand, plus they managed to get a top nest inside 1802. By the 1815, they had including conquered the previous separate Empire out of Kandy. The british stipulated you to on former Dutch regions the present statutes would be upheld, while during the Kandy regular laws and regulations was to become implemented, which have been after that codified. There are regarding the basic area you to several experts presumed the brand new Portuguese plus the Dutch got effectively stamped out polyandry into the the newest maritime provinces. Several benefits say that, used, standard laws had kept precedence, unless of course the law try ‘hushed otherwise inapplicable‘. Footnote 68 In reality, we have seen when you look at the part 3 how a European attorneys in fact invoked such customary legislation so you can plead the fresh authenticity out of polyandry. Footnote 69 However, the british assumed right away that the maritime provinces had already been influenced based on Roman-Dutch rules. Already from inside the 1822, it purchased new re also-advent of the institution thombos, not only having Christians however for the complete populace of one’s maritime provinces. The new pre-eminence away from Roman Dutch Law are codified into the a constitution of 1831, and you can a regulation off 1847 given its banned quantities of marriage, restricted chronilogical age of people, and you can known reasons for split up. Fundamentally, from inside the 1861 Roman-Dutch rules is announced since joining for the whole island. Footnote 70 So it paradoxical judge situation could have been summarised as well by the Jayawardene: ‘[The fresh Dutch] brought the fresh new Roman-Dutch Laws in order to Ceylon; however it is the fresh English… exactly who founded it between the Singhalese, who managed to make it the law of one’s land‘. Footnote 71

The fresh woman becomes restaurants out of for each and every spouse, as well as all of the convey more

We surmise that alot more stringent applying of Roman-Dutch guidelines together with expansion out of ilies in the coastal areas provided a good polyandrous partnership. As a result a wedding wasn’t court, pupils could not inherit off their second father. What about the inside? The codified Kandyan laws consisted of a myriad of stipulations about how precisely inheritances from shared husbands would be to be split. However in the brand new 1850s a great reent happened. During the 1855, Governor Ward acquired a good petition about Chiefs of Kandy, ‘praying towards abolition from the regulations off polygamy and you can polyandry‘. New plea are repeated twice for the 1858, fundamentally becoming found of the as an alternative perplexed United kingdom, whom went on in 1859 so you’re able to outlaw polygamy and you will breakup by the mutual agree and make registered monogamous marriage the only legal setting. As to why did the latest elites change against her traditions and just why performed they supply british so it chance to ‘civilise‘ the fresh Sinhalese? Particular scholars exhort us to understand amongst the seksi ispanyolca kadД±nlar contours of your own petitions. They claim that this elite away from landowners desired an effective ‘reform‘ out-of matrimony while they aligned to reduce divorced and you may widowed ladies‘ classic says for the countries of their moms and dads, which have been fundamentally exploited of the their brothers. Homes deals and you will setting up high ranches expected simplified relationship and you may heredity laws and regulations, however, it was cloaked when you look at the an attack on the polygamy, a lure that the Uk got. Footnote 72 For this reason, british implemented a beneficial European thought of marriage towards Kandyan inhabitants, and that immediately triggered a beneficial flurry regarding legal actions due to the fact all of the unregistered ous – was in fact now deemed illegal. Berwick, brand new crucial judge out of Colombo, appropriately called the 1859 Regulation a beneficial ‘bad current away from bastardy‘. Footnote 73

Which conjecture perhaps stems from new confusion regarding your relation anywhere between Dutch authoritative law therefore the classic, uncodified, guidelines of one’s Sinhalese

Regardless of if polyandry will be penalized of the doing 3 years out of tough work, new habit continuous up to better into the twentieth-century, albeit into the dwindling wide variety. For this reason, it actually was nevertheless simple for the ethnographers whom noticed village lifestyle on the mountainous interior from the 1950s to learn existing polyandrous connections or assemble reminiscences out-of earlier in the day such as for instance relations. Including, the people out of Udumulla for the eastern Sri Lanka examined polyandry seriously: ‘It is extremely ideal for most of the. .. They do not need to mask the brand new arrangement, there is nothing is embarrassed of‘. Footnote 74 This new ethnographic descriptions tend to emphasise the basic and you will a little good characteristics of one’s polyandrous plan, that an area happened to be entitled ‘staying in one peace‘. Footnote 75 As to the reasons next did it drop off?