Japan Passes First Domestic Violence Laws

by Suvendrini Kakuchi

And though they point out that the new law has many loopholes that need plugging, it represents a good start.

"The law is significant for the promotion of women's rights in Japan's male-dominated society," says Hiroko Abe, a spokesperson for Mizura, a consultation centre and shelter for abused women.

The law has defined hitting a woman as an offense liable to legal punishment, a far cry from tradition which saw women as properties of men, she points out.

The Law on Prevention of Spousal Violence and Protection of Victims, that was passed on Oct. 13 after many previous attempts, is seen as a landmark in achieving equal status for women in Japanese society.

"Up to now, a violent husband was considered a domestic issue and not a social issue. The new law is clearly against the traditional view," explains Abe.

The inclusion of non-married couples and common-law couples in the law is also seen as a major achievement for women.

Some activists, however, criticise the law as having too many loopholes, which makes it hard for victims to gain justice. A major bone of contention, they say, is that women fleeing their abusive husbands must file a report with the police before their case is investigated.

Says Keiko Kondo, a representative of another shelter in Sapporo: "You just cannot ask a woman who is on the verge of being murdered to file such a report. It is unrealistic."

Another issue is that restraining orders on abusive husbands will be issued only after evidence of physical abuse and cannot be applied to psychological abuse.

The new law against domestic violence allows courts to impose restraining orders against perpetrators. Under the new legislation, district courts can impose six month restrictions and to force perpetrators to vacate their homes for two weeks.

Failure to comply with an order could mean a maximum of one year in prison or up to one million yen ($9,800) in fines. Individuals making false reports of domestic violence can be fined 100,000 yen ($980).

The legislation, which will be reviewed after three years, is in response to a growing call by women who suffer from physical abuse inflicted by husbands or partners.

More than 9,000 women visited prefectural counselling centers across Japan in fiscal year 2000 (which ended in March), seeking advice on domestic violence. The number surpassed that which sought counselling on divorce, according to a September survey by the Health, Labor and Welfare Ministry.

It was the first time the ministry included a separate category for domestic violence. In previous surveys, the Ministry grouped domestic violence consultations with those on alcohol-related violence committed by spouses or partners.

Murders and injuries related to domestic violence totalled 1,096 cases in 2000, about double the figure in 1999, according to the National Police Agency.

Previous attempts by women lawmakers to pass the law failed as a result of stiff opposition by senior male politicians who argued that abused women must also share the blame for domestic violence.

Last year, a law against child abuse was passed and in April, the stalker prevention law was enacted. It was only last month that women were finally rewarded with a new domestic violence prevention law, which activists say is already helping women to speak out.

Shortly after the law was passed, Japan's first arrest for domestic violence was recorded after an abused wife told police she was slapped and kicked by her husband.

The 45-year old man was ordered to stay away from his home in Tokyo for two weeks and not to approach his 47-year-old wife for six months.

Women often endure years of verbal and physical abuse from their male partners because they are financially dependent on them, say activists, who point out that women who earn their own income are less vulnerable.

Ritsuko Nomoto, 52, had this in mind when she and a group of women put up a restaurant. Herself a victim of domestic violence, she says the restaurant offers abused women jobs and some form of security.

By working, she says, victims get back their confidence and are able to slowly recover from severe depression caused by physical abuse. She says there are now 24 women working in the restaurant, which opened in June.

Kazuko Matsumoto, a social worker and co-owner of the restaurant, says: "The new law does not provide adequate financial assistance to victims of domestic violence." She said the restaurant business was a way of helping the victims earn some money and become independent.

A government report issued earlier this year reveals that Japanese women are falling behind in terms of their participation in economic and social activities and in their assumption of decision-making roles.

The report, "Joint Participation by Men and Women," cited the fact that Japan ranked 41st out of 70 countries polled last year to determine the level of women empowerment.