Overlordship & Land Adjudication in the NCP of Lanka in the Recent Past-by Michael Roberts
Source:Thuppahis
Professor Amarasiri De Silva in Book Review in Daily Mirror, 27 December 2023, of Lokubanda Tillakaratne: Rata Sabhawa of Nuwarakalaviya – Judicature in a Princely Province: An Ethnographical and Historical Reading, 2023, 322 pages, ISBN 9798218157654, …. with highlights imposed by The Editor, Thuppahi
In antiquity, Sri Lankan Kings wielded authority not only as sovereigns, but also as architects of legal frameworks and systems of justice. Their edicts [were] often articulated verbally or inscribed on enduring rock surfaces, [and] gave rise to fields of law and administration that permeated the kingdom. However, the distant corners of the country, secluded from the immediate influence of royal decrees, presented a different reality.
In these remote locales, such as the recesses of Nuwarakalaviya and its adjoining districts, the radiance of a royal fiat could wane, losing significance inversely proportional to the distance from the central authority. Here, the inhabitants were compelled to rely on a different order of governance — the realm of established traditions and customs, encapsulated in their lex non scripta, the unwritten rules that guided their communal existence.
The villages in these far-flung regions became crucibles of justice, and the elders assumed the role of adjudicators. Through the venerable practices of Rata Sabhawa or Variga Sabhawa, they addressed a spectrum of issues, ranging from the mundane to the complex. In doing so, they pursued objectivity and sought consensus, drawing upon the wellspring of their cultural history and collective lived experiences spanning thousands of years.
Comparisons can be drawn with analogous systems in other parts of the world. Though sanctioned by the government, the Panchayat council system in rural India shares a common thread of grassroots governance. Similarly, Kgolta councils in Botswana and comparable institutions in various countries serve similar purposes. These councils, rooted in local traditions and endorsed by their respective authorities, exemplify the enduring human need for community-centric approaches to dispute resolution and communal well-being.
In Lokubanda Tillakaratne’s latest offering, Rata Sabhawa of Nuwarakalaviya: Judicature in a Princely Province – An Ethnographical and Historical Reading (2023), readers are treated to a long-awaited disquisition that meticulously examines a once-thriving social institution. This insightful work caters to a diverse audience, particularly appealing to social scientists, legal historians, and anyone intrigued by the rich tapestry of rural conflict resolution traditions.
Tillakaratne, renowned for his scholarly contributions, unveils the historical intricacies of the Rata Sabhawa, shedding light on its role in the nuanced socio-cultural landscape of Nuwarakalaviya. The author’s previous works, including “Echoes of the Millstone” (2013), —rgiNdj˜ (2019), and “.ïueoafoakskakdoh” (2021), showcase a consistent dedication to preserving and elucidating Sri Lanka’s cultural heritage.
In the words of Robin Abcarian, a columnist for politics and culture at the Los Angeles Times, this book transcends mere scholarship; it embodies a literary pearl, illuminating the life and customs of the bygone ages. For those seeking a rewarding exploration of a once-thriving social institution and a deeper understanding of rural conflict resolution traditions, Lokubanda Tillakaratne’s latest work is an enriching and insightful experience.
Caste interactions and their profound impact on women and marriage are explored, offering insights into the societal dynamics that shaped Nuwarakalaviya
During his preteen years, the author fondly recalls a poignant episode from his past. With a gesture of significance, it was when his mother placed her grandfather’s Mohotti Bemma — the distinctive turban worn by the Mohottala, the esteemed head of the Variga Sabhawa of Gam Daha Ata Varige. This collective encompassed 18 villages of individuals from a similar caste situated east of Anuradhapura.
Years later, as the author delved into the study of ethnography in this very region, the misty recollection of that epiphanous moment with his mother emerged as a compelling catalyst. This evocative memory served as the impetus for the author to embark on a journey of close and in-depth examination of the tradition. In the intersection of personal history and academic pursuit, the author found inspiration to unravel the intricacies of the Variga Sabhawa, weaving together threads of cultural heritage and familial connection.
Spanning 14 chapters, accompanied by nine appendices, and adorned with 57 evocative photographs, masterfully illustrated by Niranjala Tillakaratne, PhD., and featuring a captivating cover designed by Badraji Mahinda Jayatilake, the author presents a rich tapestry of Nuwarakalaviya in this comprehensive work.
Within the pages of this meticulously crafted volume, the reader is taken on a journey through a montage of the province. The exploration includes delving into various folklore accounts that unravel the origins of Nuwarakalaviya’s nomenclature, tracing the literary history of Sabha in all its forms from the pre-Christian era to the mid-20th century. The author navigates through the intricate workings of regional Chiefs, shedding light on the crimes, violations, and punishments falling under the purview of these Sabha.
Caste interactions and their profound impact on women and marriage are explored, offering insights into the societal dynamics that shaped Nuwarakalaviya. Financial matters pertaining to the Chiefs and the Rata Sabhawa add another layer of complexity to the narrative. A vivid description of a Sabhawa in session allows readers to immerse themselves in the proceedings, witnessing firsthand the dynamics at play.
The author skilfully traces the historical trajectory of traditional Chiefdoms and lesser officialdoms in the provinces, chronicling their gradual loss of proprietary roles over commoner society. The narrative reaches a poignant juncture where the’ steam of old traditional ways’ yields to the ‘multi-masted sail’ of the new version of the Ceylon Civil Service in 1938. With the absolute power of British law taking hold in the provinces, the once-pervasive influence of Rata Sabhawa and Variga Sabhawa is relegated to permanent irrelevance, symbolizing the end of an era.
Despite the Rata Sabhawa tradition being three generations removed, the author faced the daunting challenge of finding eyewitness accounts. Undeterred, the author embarked on a journey to the old manor houses (walauwa) scattered throughout the region. Here, he engaged in conversations with the grand and great-grandchildren of the Chiefs, hoping to unearth any traces of the Rata Sabhawa tradition, be it in physical artefacts, anecdotal tales, or folkloric remnants.
Chief Kapuruhami Madukanda Ratemahattaya’s residence in Madukanda near Vavuniya became a focal point of the author’s investigation. This particular Chief held a unique distinction — being the only one to commit his insights to writing. In 1911, he penned an essay in Sinhala about the Rata Sabhawa, a document that would later be translated and published as a 6-page paper in the Journal of the Royal Asiatic Society in 1948.
Within the compound of this Walauwa stands a standalone courthouse, its architecture echoing the bygone era. This structure retained its integrity over a century ago, with a 3-meter-wide open verandah encircling three sides of the assembly chamber. Although weathered and marked by time, with crumbling walls and floor plaster, the Court House whispers of its past glory years.
The author discovered that the accoutrements of the Chief were carefully preserved in sizable wooden boxes, each akin to a 3-wheeler in size. The Chief’s insignia were prominently mounted in the main house’s living room, legally providing glimpses into their illustrious past. Fond recollections shared by the Chief’s third-generation descendants, now approaching centenary years, painted a vivid picture of villagers gathering on certain days on the spacious verandah of the Court House. These reminiscences served as poignant echoes of a time when the Rata Sabhawa tradition thrived, encapsulated within the walls of this venerable Walauwa.
In rural governance, these councils operated under the seasoned guidance of Chiefs, forming a cohesive guild entrusted with the administration of justice. This esteemed assembly consisted of key figures, including the Maha Vanniya — the de facto head of the province. Additionally, a cadre of Ratemahattaya or Vanniyas led various sub-districts, complemented by lesser officials known as kariyakarawanno or sulu muladenivaru. This latter group, comprising roles such as Mohottala, Badderala, Lekama, Gamarala, and Undiyarala, was often based in a collective of villages called Varige, sharing a common caste affiliation.
Interestingly, a distinctive feature of this system was the inclusion of a one-man jury in the session known as the inimitable Henaya. Hailing from a nearby washerman caste village, this singular figure played a pivotal role in the final stages of the decision-making process. Notably, this practice provides evidence of a rudimentary jury system in Sri Lanka long before colonial Justice Alexander Johnston introduced his version in 1810. This historical revelation underscores the sophistication and indigenous nature of the justice systems within Sri Lankan villages.
A compelling narrative thread woven by the author explores the unique historical dynamics of Nuwarakalaviya, revealing a distinctive autonomy from the control of the King, in stark contrast to the districts nestled in the Kandyan highlands. Here, the King and the appointed Dissava played only a nominal role in the province’s affairs, prompting the author to posit that this exceptional circumstance unequivocally designates Nuwarakalaviya as a ‘princely province.’
Historical accounts, such as Knox’s notation about the King’s troop movement, emphasize the hands-off approach: ‘…this Prince let them pass through his country (sic).’Rata Sabhawa’ further elucidates that the province conducted its affairs according to its rules, crafted and inherited as oral traditions and customs. Oversight was provided by the titular head, Maha Vanniya, and his council of Vanniyas.
Unlike the Kandyan Dissava titles, granted at the King’s discretion, the Maha Vanniya title was a unique hereditary institution. Its documented history is traced back to the arrival of the Sri Maha Bodhi in the 3rd century BC, underscoring its deep roots in religious and cultural heritage. This lineage fortified Nuwarakalaviya’s identity, positioning it more as a sovereign state than a mere dependency.
Interestingly, the region’s exclusion from representation at the time of the ratification of the Kandyan Treaty reflects the British authorities’ reservations about its standing. Even though the King’s Nuwarakalaviya Dissava resided in Kandy city, he signed the Treaty document two weeks after the other Kandyan Chiefs did at the palace, marking a subtle yet significant distinction in negotiating and affirming regional autonomy.
For historians, scholars specializing in ancient jurisprudence traditions, and anyone intrigued by the conflict resolution methods of bygone eras, “Rata Sabhawa of Nuwarakalaviya” is undoubtedly an illuminating addition to enrich their knowledge base. This comprehensive work opens a window into the intricate tapestry of a historical and cultural landscape, offering valuable insights into how communities navigated and resolved conflicts in the past. As a scholarly exploration, the book contributes significantly, shedding light on the rich heritage of Nuwarakalaviya’s judicial practices and providing a compelling resource for those seeking a deeper understanding of historical conflict resolution mechanisms.
Professor M.W. Amarasiri de Silva
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A NOTE from Michael Roberts, 29 December 2023
I congratulate Lokubanda Tillakaratne and Amarasiri De Silva for bringing an important domain of our history to the forefront; and pat Tillaratne on the shoulder for incorporating some oral history within his endeavours. I will be penning a “Set of Thoughts” on this topic in the course of the next few days; and will be inviting a ‘phalanx’ of scholars to pen their comments on this topic ….. So, those ready to jump into Thuppahi immediately should resist this urge and wait — so that they can ’embrace’ or target the Thuppahiyaa as well in their comments.
Lokubanda and Amarasiri, in the meanwhile, should brace themselves …. perhaps with arakku or whatever … and be ready for debate in fighting spirit.
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