5. Epilogue: polyandry regarding the 19th and you may twentieth many years

Inside 1795, Dutch Ceylon decrease into the British give, in addition they caused it to be a top colony when you look at the 1802. By 1815, they had as well as beaten the former independent Kingdom from Kandy. British specified you to definitely regarding the former Dutch regions the present guidelines could well be kept, whereas in the Kandy typical statutes was to be then followed, which have been subsequently codified. We have seen throughout the introductory part that multiple experts presumed the newest Portuguese and Dutch had effortlessly stamped away polyandry inside the new maritime karД±sД± SД±rpГ§a provinces. Numerous professionals claim that, used, classic legislation got kept precedence, until what the law states is ‘silent otherwise inapplicable’. Footnote 68 In fact, we have seen for the point step 3 how a Western european attorney actually invoked such regular laws to beg the newest validity out of polyandry. Footnote 69 not, the british presumed from the beginning your maritime provinces got started influenced predicated on Roman-Dutch law. Currently during the 1822, it purchased brand new re also-regarding the institution thombos, just to have Christians but for the entire population of coastal provinces. New pre-eminence out of Roman Dutch Rules is codified in a constitution out of 1831, and you will an ordinance out of 1847 specified their banned degrees of matrimony, restricted chronilogical age of functions, and reasons behind separation. Fundamentally, when you look at the 1861 Roman-Dutch law was proclaimed because joining for the entire isle. Footnote 70 Which paradoxical judge situation has been summarised too from the Jayawardene: ‘[The new Dutch] lead the newest Roman-Dutch Legislation in order to Ceylon; but it is the new English… whom created they between the Singhalese, whom caused it to be regulations of land’. Footnote 71

The latest woman becomes dining regarding for every spouse, and they most of the have significantly more

I surmise the a great deal more stringent application of Roman-Dutch laws and regulations and extension off ilies regarding the seaside section offered good polyandrous union. Therefore a married relationship wasn’t courtroom, children couldn’t inherit from their 2nd father. What about the inside? Brand new codified Kandyan rules contains all sorts of fine print on how inheritances of combined husbands were to getting split. But in the fresh new 1850s a reent took place. Within the 1855, Governor Ward obtained a great petition regarding the Chiefs out of Kandy, ‘hoping towards the abolition because of the statutes off polygamy and you can polyandry’. New plea was constant twice when you look at the 1858, in the long run as obtained because of the as an alternative perplexed United kingdom, which proceeded when you look at the 1859 so you’re able to outlaw polygamy and you will split up because of the common concur in order to create registered monogamous marriage the only real courtroom mode. As to why did the fresh elites change against their own heritage and just why did they provide british which possible opportunity to ‘civilise’ the newest Sinhalese? Certain students exhort us to comprehend involving the traces of your petitions. They say that the elite off landowners wanted an excellent ‘reform’ regarding relationships because they aligned to attenuate divorced and you can widowed ladies’ conventional states to the places of its mothers, that have been essentially taken advantage of from the their brothers. Homes purchases and you may starting higher plantations called for simplified relationships and you will genetics laws and regulations, but it was cloaked within the a strike toward polygamy, a lure which the British got. Footnote 72 For this reason, the british implemented an excellent European notion of matrimony with the Kandyan inhabitants, and this instantaneously brought about a great flurry away from legal actions because the all unregistered ous – was today considered unlawful. Berwick, the brand new important legal away from Colombo, aptly called the 1859 Ordinance an effective ‘bitter present out of bastardy’. Footnote 73

So it conjecture perhaps comes from new frustration regarding your family members between Dutch authoritative law in addition to typical, uncodified, legislation of your own Sinhalese

Even when polyandry might possibly be penalized because of the as much as 3 years out-of tough labor, the latest habit continued up to really for the twentieth-century, albeit inside the dwindling numbers. Therefore, it actually was however simple for the fresh new ethnographers which seen village lifetime from the mountainous interior throughout the 1950s to study established polyandrous relations otherwise collect reminiscences out-of prior such as for instance connections. By way of example, the folks away from Udumulla from inside the eastern Sri Lanka evaluated polyandry certainly: ‘It is extremely perfect for the. .. These individuals need not cover up the brand new plan, you’ll find nothing to get embarrassed of’. Footnote 74 The latest ethnographic descriptions will stress the fresh new standard and you may a bit harmonious nature of polyandrous arrangement, that an area happened to be named ‘located in one peace’. Footnote 75 As to why up coming achieved it drop-off?