5. Epilogue: polyandry on the nineteenth and you may twentieth ages
When you look at the 1795, Dutch Ceylon fell on Uk hands, and so they managed to make it a crown nest for the 1802. Because of the 1815, they had plus conquered the previous independent Kingdom of Kandy. The british stipulated you to in the previous Dutch places current legislation was kept, whereas when you look at the Kandy traditional laws and regulations were to be adopted, that happen to be then codified. We come across regarding basic point one numerous experts assumed this new Portuguese and the Dutch had effortlessly stamped away polyandry into the the fresh coastal provinces. Several masters claim that, in practice, conventional law had kept precedence, unless of course what the law states are ‘quiet or inapplicable’. Footnote 68 Indeed, we come across when you look at the section 3 exactly how a good Western european lawyer actually invoked these standard regulations to plead the new validity out-of polyandry. Footnote 69 Although not, british thought from the start that the maritime provinces got come ruled considering Roman-Dutch rules. Currently within the 1822, it ordered the new lso are-regarding the college thombos, just to have Christians but for the entire populace of your own coastal provinces. The latest pre-eminence out-of Roman Dutch Rules was codified in a charter of 1831, and you will an ordinance regarding 1847 given their prohibited degrees of matrimony, minimal chronilogical age of events, and you may reasons for separation and divorce. Ultimately, within the 1861 Roman-Dutch legislation is actually proclaimed due to the fact joining for your island. Footnote 70 It paradoxical court situation might have been summarised aswell by Jayawardene: ‘[The newest Dutch] delivered the Roman-Dutch Rules so you can Ceylon; however it is brand new English… whom depending it between the Singhalese, exactly who caused it to be the law of your own land’. Footnote 71
New lady becomes eating of for every single husband, and additionally they every convey more
We surmise that much more stringent application of Roman-Dutch laws and regulations in addition to expansion off ilies on seaside elements considering a good polyandrous partnership. As such a wedding was not court, people cannot inherit using their next father. How about the inside? The codified Kandyan laws and regulations contains all types of conditions and terms how inheritances out-of shared husbands were to be split up. However in the new 1850s a good reent occurred. Within the 1855, Governor Ward received a petition about Chiefs out of Kandy, ‘praying towards abolition by legislation out-of polygamy and you can polyandry’ https://gorgeousbrides.net/fi/amour-factory/. The latest plea is constant twice when you look at the 1858, in the end are picked up because of the rather baffled United kingdom, just who went on into the 1859 to help you outlaw polygamy and you may divorce proceedings because of the shared concur in order to make inserted monogamous wedding the only judge form. As to why did the latest elites turn against their unique society and exactly why performed they supply the british it opportunity to ‘civilise’ new Sinhalese? Some students exhort us to realize within contours of one’s petitions. They claim this particular elite out of landowners wanted a great ‘reform’ off relationships as they aimed to attenuate separated and you can widowed ladies’ vintage says for the places of their mothers, that happen to be generally taken advantage of from the the brothers. Homes transactions and you can establishing large plantations required simplified matrimony and genetics legislation, however, this is cloaked in an attack towards the polygamy, a bait that Uk got. Footnote 72 Hence, british implemented good Eu thought of matrimony on Kandyan people, and this quickly brought about a good flurry of lawsuits because all of the unregistered ous – have been now considered unlawful. Berwick, new critical courtroom regarding Colombo, aptly known as 1859 Ordinance an excellent ‘sour current away from bastardy’. Footnote 73
That it supposition possibly comes from the fresh confusion concerning your family ranging from Dutch specialized law plus the customary, uncodified, rules of your Sinhalese
Although polyandry is punished by doing 3 years of difficult labor, the latest behavior continuous until really to your twentieth-century, albeit inside the diminishing numbers. Thus, it had been nevertheless possible for the new ethnographers who seen community lives on the mountainous interior about 1950s to learn existing polyandrous affairs or assemble reminiscences from previous instance relationships. Including, the people from Udumulla into the eastern Sri Lanka examined polyandry certainly: ‘It is rather good for the. .. These individuals need not cover up the new plan, you’ll find nothing are embarrassed of’. Footnote 74 The latest ethnographic definitions usually stress the fresh new important and you may slightly good characteristics of the polyandrous plan, which in an area was even called ‘staying in you to definitely peace’. Footnote 75 Why after that did it drop off?