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Navigating Pluralities Reluctantly: The Marriage Contract in Dutch Galle

Published online by Cambridge University Press:  12 September 2018

Nadeera Rupesinghe
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Abstract

This article examines diverse practices in the establishment of marriage partnerships in eighteenth-century Sri Lanka,1 parts of which were controlled by the Dutch East India Company (VOC). Family law was an area in which the attempt to transform local practices was conspicuously present, but not fully achieved. Lawful marriage was linked to conversion to Dutch Protestantism and to inheritance of property. In the authoritative space of the provincial board that heard the matrimonial disputes examined in this article, the Company did not proactively attempt to reform family life, an area where it could not easily dictate terms. It made a significant dent as the requirement for marriage registration was recognised by natives. But the limited reach of the introduced law is evident in the Company’s reluctant recognition that its two-step process of reading the banns and subsequent marriage ceremony created confusion and that locals still followed customary practices for forging unions. The VOC faced a normative order in the villages that was characterised by ritual underpinnings. Such local features went unrecognised in official law rules, but their perseverance is testimony to the pluralities in practice in an early colonial encounter in the Indian Ocean world.

Keywords

Marriage contractcustomary marriagepluralitiescolonial lawfamily lawSinhalese lawVOCGalleSri LankaCeylon
Type
Articles
Information
Itinerario , Volume 42 , Special Issue 2: The Indian Ocean of Law: Hybridity and Space , August 2018 , pp. 220 - 237
Copyright
© 2018 Research Institute for History, Leiden University 

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Footnotes

*

Nadeera Rupesinghe has taught at the Open University of Sri Lanka and has a doctorate from Leiden University. Her dissertation, “Negotiating Custom: Colonial Lawmaking in the Galle Landraad,” is an examination of a district-level judicial forum set up by the VOC in eighteenth-century Sri Lanka. She is at present a postdoctoral researcher under the Dutch NWO-funded project Colonialism Inside Out: Everyday Experience and Plural Practice in Dutch Institutions in Sri Lanka (ca. 1700–1800). She is grateful to the reviewers of this article for their extensive comments that have enriched it greatly.

References

Bibliography

Unpublished Primary Sources Google Scholar
SLNA = Sri Lanka National Archives, Lot 1, Archives of the Dutch East India Company (VOC)Google Scholar
SV = Scholarchale VergaderingGoogle Scholar
GL = Galle LandraadGoogle Scholar
Published Primary Sources Google Scholar
Carter, Charles. “Massebāduva.” A Sinhalese-English Dictionary. 1924. Repr., Colombo: M. D. Gunasena & Co. Ltd, 1965.Google Scholar
Davy, John. An Account of the Interior of Ceylon, and of Its Inhabitants. London: Longman, 1821.Google Scholar
Hovy, L. Ceylonees plakkaatboek: Plakkaten en andere wetten uitgevaardigd door het Nederlands bestuur op Ceylon, 1638–1796. 2 vols. Hilversum: Verloren, 1991.Google Scholar
Knox, Robert. An Historical Relation of Ceylon. 1681. Repr., Dehiwala: Tisara Prakasakayo, 1966.Google Scholar
Koschorke, Klaus, ed. The Dutch Reformed Church in Colonial Ceylon (18th Century): Minutes of the Consistory of the Dutch Reformed Church in Colombo. Translated by S. A. W. Mottau. Wiesbaden: Harrassowitz Verlag, 2011. http://www.aecg.evtheol.lmu.de/cms/index.php?id=10.Google Scholar
Tennent, Sir James Emerson. Christianity in Ceylon. London: John Murray, 1850.Google Scholar
Ribeiro, Joāo. The Historic Tragedy of the Island of Ceilao. Translated by P. E. Pieris. Colombo: Ceylon Daily News, 1948.Google Scholar

Secondary Sources

Anagol, Padma. The Emergence of Feminism in India, 1850–1920. Hampshire: Ashgate Publishing, 2005.Google Scholar
Belt, Albert van den, Kok, Jan and Mandemakers, Kees. “Digital Thombos: A New Source for 18th Century Sri Lankan Family History.” The History of the Family 16:4 (2011): 481–9.Google Scholar
Chandra, Sudhir. Enslaved Daughters: Colonialism, Law and Women’s Rights, 2nd ed. Oxford: Oxford University Press, 2008.Google Scholar
Chatterjee, Nandini. The Making of Indian Secularism—Empire, Law and Christianity 1830–1960.Basingstoke-New York: Palgrave Macmillan, 2011.Google Scholar
Goor, J van. Jan Kompenie as Schoolmaster: Dutch Education in Ceylon 1690–1795. Groningen: Wolters-Noordhoff, 1978.Google Scholar
Groenewald, Gerald. “‘A Mother Makes No Bastard’: Family Law, Sexual Relations and Illegitimacy in Dutch Colonial Cape Town, c. 1652–1795.” African Historical Review 39:2 (November 2007): 58–90. https://doi.org/10.1080/17532520701786178.Google Scholar
Heijden, Manon van der. Huwelijk in Holland: Stedelijke Rechtspraak En Kerkelijke Tucht, 1550–1700. Amsterdam: Bert Bakker, 1998.Google Scholar
Lee, Robert Warden. An Introduction to Roman-Dutch Law, 4th ed. Oxford: Clarendon Press, 1946.Google Scholar
Mallampalli, Chandra. Christians and Public Life in Colonial South India, 1863–1937: Contending with Marginality. London: Routledge Curzon, 2004.Google Scholar
Mallampalli, Chandra. Race, Religion and Law in Colonial India: Trials of an Interracial Family. Cambridge: Cambridge University Press, 2011.Google Scholar
Merry, Sally Engle. Colonizing Hawai’i: The Cultural Power of Law. Princeton, N.J.: Princeton University Press, 2000.Google Scholar
Mottau, S. A. W. “Education under the Dutch.” In Education in Ceylon (from the Sixth Century BC to the Present Day): A Centenary Volume 1:303–317. Colombo: Ministry of Education and Cultural Affairs, 1969.Google Scholar
Obeyesekere, Gananath. Land Tenure in Village Ceylon: A Sociological and Historical Study. Cambridge: Cambridge University Press, 1967.Google Scholar
Pieris, Ralph. Sinhalese Social Organization: The Kandyan Period. Colombo: Ceylon University Press Board, 1956.Google Scholar
Schutte, G. J. “Een Hutje in Den Wijngaard: Gereformeerd Ceylon.” In Het Indische Sion: De Gereformeerde Kerk Onder de Verenigde Oost-Indische Compagnie, edited by G. J. Schutte. Hilversum: Verloren, 2002.Google Scholar