A highly contested court case underway in Tokyo District Court involves five Japanese women pushing for the “right” to voluntarily undergo sterilization surgery for contraceptive purposes. They argue against the current Maternal Health Law in Japan, which sees sterilization as illegal for women, barring life-threatening pregnancies or substantial physical health deterioration due to multiple childbirths.
Among the women is 27-year-old Kazane Kajiya, who underwent sterilization surgery in the U.S. She and the other women, in a lawsuit against the state, seek to claim sterilization as a ‘right’ and are demanding ¥1 million in damages per person. They contend the law is infringing on their constitutional rights to their bodily autonomy.
Notably, Kajiya clarified that she is not seeking the government to bear the surgery costs, but rather, not to limit their choices. She added that her decision had the backing of her husband, and she hoped the lawsuit would make it easier for others desiring sterilization.
According to Japanese law, even if women meet the criteria for sterilization, spousal consent is mandatory. Failure to comply with this law could lead to a year’s imprisonment or a maximum fine of ¥500,000. The same restrictions apply to men wanting a vasectomy.
Japan’s prewar eugenic law, aimed at curbing those with recessive genes and promoting those with preferable ones, essentially dictated these sterilization rules. The law transitioned to the 1948 Eugenic Protection Law post-war, then evolved into the 1996 Maternal Health Law, which dropped some discriminatory provisions. However, requirements around sterilization surgery largely remain.