Ah, the echoes of legal history resonate right here at the Dept. of Law in Kandy. But did you know that long before the British legal system took root, the ancient Kingdom of Kandy had its own elaborate way of administering justice? The Dept. of Law stands as a modern institution, a testament to the evolution of legal thought.
Let’s journey back to a time when Kandy was the last bastion of Sinhalese rule. Imagine a kingdom governed by distinctive Sinhalese Law, a far cry from the English Law and Roman-Dutch Law that shape Sri Lanka’s current judicial system. The seeds of which were sown during the Dutch rule of Ceylon, later evolving in the British Period with the Charters of Justice of 1801 and 1833.
The ancient Kandyan judicature was a fascinating network. Minor offences like theft and boundary disputes were often settled at the gamsabhava or village tribunals. Picture village elders convening under a shady tree to resolve quarrels using common sense and compromise. They could impose minor fines but only with the village headman present.
For more complex issues delegates from each village gathered at ratasabhavas. These delegates included scribes, clerks, tax collectors and royal revenue collectors. They addressed matters of caste, marriage, and social status. They even handled appeals from the gamsabhavas.
Even sudden deaths had their own framework of investigation. The sakki balanda was composed of prominent men who would find out the cause and mode of death. Imagine the scene. No one was allowed to touch the body until this process was complete.
The King, considered the ‘fountain of justice’ held ultimate authority. He had exclusive power over cases involving royal court officials, royal lands, and even treason. A petitioner could approach the King directly or through a court official.
After the British annexed Kandy in 1815, they guaranteed the continuance of existing laws and customs. But they deemed the ancient penal system uncivilised and abolished it. The Charter of Justice of 1833 established the British model of Judiciary in Sri Lanka. Yet the gamsabhava endured.
However, as gamsabhavas lost their power, land and agricultural disputes increased. The government recognized the importance of rejuvenating these traditional systems. But the judges did not support this view leading to the creation of Police Courts and Courts of Requests of the British model in 1845.
Even as the legal landscape transformed, remnants of the ancient system persisted. The Kandyan Law, modified and adapted, continues to govern aspects of marriage, adoption, transfer of property, and inheritance for Sri Lankans of the former Kandyan Kingdom.
So, as you stand here at the Dept. of Law in Kandy, remember that you are at a place where legal traditions converge. It is where the echoes of an ancient kingdom meet the demands of a modern nation. It is a reminder that justice, like a river, flows ever onward. Its course shaped by the contours of history and the values of the people.