The Dutch Legacy in Sri Lankan Land Law: Its Impact on Tamil Land Rights in the North and East

The Dutch colonial rule in Sri Lanka (1658–1796) fundamentally transformed land governance in the island’s Northern and Eastern regions. Though often overlooked in contemporary land debates, the Dutch legacy — especially the introduction of Roman-Dutch law and the codification of Thesawalamai — remains deeply embedded in Sri Lanka’s current legal system. This article provides a comprehensive analysis of the legal structures introduced during the Dutch period and how these influence modern-day Tamil land rights and disputes.

1. Roman-Dutch Law and the Foundation of Private Ownership

The Dutch transplanted Roman-Dutch law to Sri Lanka, which still functions as the foundation of the island’s civil law system — particularly in property and contract law.

Key Contributions:

Absolute Ownership (dominium): Individuals could possess land fully and freely.

Usufruct and Mortgages: Legal rights to use land or encumber it as collateral.

Co-ownership: Shared rights and responsibilities over property.

These principles shifted land away from a purely royal or communal resource into a commodity that could be sold, gifted, or inherited under structured legal norms. Sri Lanka remains one of the few former colonies where Roman-Dutch civil law remains in force in parallel with statutory and customary laws (Wijayatilake, 2013).

2. Introduction of Written Title Deeds and Land Registration

The Dutch implemented one of the earliest forms of land registration systems in Asia.

Documented Transfers: All land sales or inheritance needed to be registered in writing.

Legacy: This laid the foundation for the Registration of Documents Ordinance No. 23 of 1927, formalized under British rule.

Many historical deeds from the Dutch era still exist in archives in Jaffna, Mannar, and Kayts, and are often used by Tamil families in legal claims to ancestral lands.

Reference: Peebles, Patrick (2006). The History of Sri Lanka. Greenwood Press.

3. Thesawalamai Law (Codified 1707): Customary Law of Jaffna Tamils

In a landmark act, the Dutch codified Thesawalamai, the personal law of Tamils in the Jaffna Peninsula.

Scope:

Inheritance and Partition of immovable property.

Marital Property Rights: Wives retained partial rights to their husband’s property.

Dowry and Gifts: Customary gifts became legally recognized obligations.

Thesawalamai is still legally binding under Sri Lankan law — Article 16 of the Constitution recognizes personal laws, and Thesawalamai continues to govern civil matters involving Tamils from the Northern Province.

Reference: Tambiah, Henry Wijeyandaru (1954). The Laws and Customs of the Tamils of Jaffna.

4. Crown Land vs. Private Ownership: Legacy of VOC Classification

The Dutch VOC administration claimed any uncultivated or unclaimed land as company property — a practice later adopted by the British as “Crown Lands.”

This precedent allowed post-independence governments to nationalize vast swaths of land in the North and East, often without compensation — fueling land grabs and military occupations post-2009.

Modern legal disputes frequently hinge on whether a land was historically cultivated, registered, or left “bare” — a problematic classification stemming from this colonial legacy.

Reference: Bavinck, Maarten (2012). "The spatial politics of marine property rights in Sri Lanka." Journal of Peasant Studies, 39(3–4), 607–626.

5. Dutch and British Deeds in Contemporary Land Claims

Legal concepts such as prescription (acquisition through long possession) and heirship under Roman-Dutch principles remain central in Sri Lankan land litigation.

Many displaced Tamil families use Dutch or early British deeds to claim lands seized during:

The civil war (1983–2009), High Security Zones (HSZ) occupations, Post-war military settlements.

Courts in Jaffna and Kilinochchi have adjudicated several such claims based on continuous ownership supported by old Thombu deeds and inheritance under Thesawalamai.

Reference: Centre for Policy Alternatives (2017). Land Occupation and Ownership in the Northern Province. Colombo.

Conclusion: From Legal Foundation to Legal Erasure?

The Dutch contribution to Sri Lanka’s land law extends far beyond history — it still governs how land is owned, transferred, and contested, particularly in the North and East. As the Sri Lankan state expands its land acquisition and militarization policies under post-war nationalism, colonial legal frameworks remain a double-edged sword — both a tool of dispossession and a basis for reclaiming ancestral Tamil land.

However, an alarming recent development is the systematic erosion and removal of Roman-Dutch legal protections, particularly those benefiting deep-rooted Eelam Tamil landowners. By undermining the applicability of Roman-Dutch law — especially in Tamil-majority regions — the Sri Lankan state is engaging in a form of legalized structural genocide. This maneuver strips Tamils of legal mechanisms to defend ancestral rights, challenging centuries-old ownership patterns and erasing historical identity under the guise of national development and security.

In light of these developments, legal reform, restitution policies, and recognition of historical documentation are urgently needed to ensure equitable land rights for war-affected communities — and to prevent the erasure of Tamil history through the law itself.

Author: Balananthini Balasubramaniam (Nila Bala)

Freelance Journalist | Founder of Small Drops

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(Disclaimer: Images are AI generated and are used for representational purposes only)

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