The Japanese Supreme Court on Wednesday (Jul 3) ruled that the Eugenic Protection Law, which was scrapped in 1996, was 'unconstitutional'. The government had used the draconian law to forcibly sterilise around 16,500 people in order to "prevent the generation of poor quality descendants." The top court also nullified a 20-year statute of limitations in this case, paving the way for thousands of victims to receive compensation from the government.

"For the state to evade responsibility for damages payments would be extremely unfair and unjust, and absolutely intolerable," the court said.

<h2>More about the law</h2>

The law, which came into effect in 1948, allowed the government to use physical restraint, anaesthesia and even "deception" to forcibly sterilise the people. In total, 25,000 people were sterilised, including 8,500 those whose consent was taken on paper.

But lawyers argue those people were likely "de facto forced" because of the pressure individuals faced.

<h2>Victims speak up</h2>

The grave injustice of the past first came to limelight in 2018 when an elderly woman sued the government over a procedure that she had undergone at the age of 15 under the controversial law.

This suit paved the way for more similar cases against the government.

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One victim, who uses the pseudonym Saburo Kita, was quoted by the news agency AFP as saying that today she wanted to tell her parents that they had won.

"There are people who couldn't be here today. There are those who died as well. I want to visit the grave of my parents and tell them we've won," Kita said.

<h2>Govt issued apology</h2>

The Japanese government in 2019 had passed a legislation apologising "wholeheartedly" for the defunct law and declaring compensation of 3.2 million yen (around $20,000 today) per victim.

But survivors didn't find it enough and took the matter to court.

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Judges in lower courts agreed that the law violated the country's constitution but voiced mixed opinions on whether the victims could be compensated given that the 20-year window for pursuing damages had closed.

Now, the Supreme Court has ended this debate with a historic ruling, welcomed by the victims.

"We cannot forgive the irresponsibility of the government and its lack of human rights awareness, as well as the fact that what is now described as the biggest human rights violation in Japan's post-war history was left unaddressed for such a long time," one group of victims said in a statement.

(With inputs from agencies)

The Japanese Supreme Court on Wednesday (Jul 3) ruled that the Eugenic Protection Law, which was scrapped in 1996, was 'unconstitutional'. The government had used the draconian law to forcibly sterilise around 16,500 people in order to "prevent the generation of poor quality descendants.

The Japanese Supreme Court on Wednesday (Jul 3) ruled that the Eugenic Protection Law, which was scrapped in 1996, was 'unconstitutional'. The government had used the draconian law to forcibly sterilise around 16,500 people in order to "prevent the generation of poor quality descendants." The top court also nullified a 20-year statute of limitations in this case, paving the way for thousands of victims to receive compensation from the government. "For the state to evade responsibility for damages payments would be extremely unfair and unjust, and absolutely intolerable," the court said. More about the law The law, which came into effect in 1948, allowed the government to use physical restraint, anaesthesia and even "deception" to forcibly sterilise the people. In total, 25,000 people were sterilised, including 8,500 those whose consent was taken on paper. But lawyers argue those people were likely "de facto forced" because of the pressure individuals faced. Victims speak up The grave injustice of the past first came to limelight in 2018 when an elderly woman sued the government over a procedure that she had undergone at the age of 15 under the controversial law. This suit paved the way for more similar cases against the government. Also read: Japan`s service sector stumbles: a wake-up call for economic strategy One victim, who uses the pseudonym Saburo Kita, was quoted by the news agency AFP as saying that today she wanted to tell her parents that they had won. "There are people who couldn't be here today. There are those who died as well. I want to visit the grave of my parents and tell them we've won," Kita said. Govt issued apology The Japanese government in 2019 had passed a legislation apologising "wholeheartedly" for the defunct law and declaring compensation of 3.2 million yen (around $20,000 today) per victim. But survivors didn't find it enough and took the matter to court. Also read: Japan renews its banknotes for the first time in 20 years Judges in lower courts agreed that the law violated the country's constitution but voiced mixed opinions on whether the victims could be compensated given that the 20-year window for pursuing damages had closed. Now, the Supreme Court has ended this debate with a historic ruling, welcomed by the victims. "We cannot forgive the irresponsibility of the government and its lack of human rights awareness, as well as the fact that what is now described as the biggest human rights violation in Japan's post-war history was left unaddressed for such a long time," one group of victims said in a statement. (With inputs from agencies)

Japan Supreme Court says forced sterilisation law was ‘unconstitutional’, allows people to claim compensation

A parliamentary report in Japan has revealed that two nine-year-old children were among the 25,000 people forced to undergo sterilisation, under the nation's post-World War Two eugenics law.

<h2>Report's findings</h2>

A probe into the law, which was in effect from 1948 to 1996, found that two nine-year-old kids — a boy and a girl — were among those sterilised.&nbsp;

The nine-year-olds as per Japan's public broadcaster NHK, were the youngest victims of the law. The boy was sterilised in the 1960s and the girl underwent the procedure in the 1970s.&nbsp;

As per the parliamentary report, most patients were led to believe that they were undergoing treatment for an illness like anaemia or removal of the appendix. Around 65 per cent of the procedures carried out in almost five decades were without consent.&nbsp;

Also read |&nbsp;<a href="https://www.wionews.com/world/explained-japans-historic-move-redefines-rape-and-raises-age-of-consent-605159">Explained:&nbsp;Japan's&nbsp;historic move redefines rape and raises age of consent</a>

It also found that the law had even set sterilisation as a condition for marriage and/or admission at welfare facilities. The probe into the law also found reported cases of radiation exposure and uterus removal.

The 1,400-page long study has been long awaited. Investigation into the law began in June 2020 under a law aimed at providing victims with some relief. The 2019 legislation also promised victims state compensation worth ¥3.2 million ($22,000). Victims have, however, sued the country for a higher compensation.

<h2>Japan's eugenics law</h2>

The contentious law was in place for 48 years. Under it, people were at times forced to undergo operations to prevent them from having children deemed "inferior".&nbsp;

As per Japan Times, most of these people had intellectual disabilities, mental illness or hereditary disorders.

The parliamentary report further states that as per a high school textbook from 1975, using the eugenics law, the government was making efforts for the "country's eugenics to improve and enhance the genetic predisposition of the entire public."

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Japan Times reports that the legislation which was initiated by lawmakers was adopted unanimously. Apart from eugenics, it was also aimed at curbing Japan's population increase amid food shortages after World War II.

<h2>No longer 'shroud'&nbsp;issue in darkness</h2>

Referring to findings in the Diet (Japan parliament) report, an 80-year-old victim of forced sterilisation said it showed the government "had been doing terrible things by deceiving children."

The victim, who goes by the pseudonym Saburo Kita, was forced to undergo the procedure at the young age of 14 years. Kita said, "I would like the state not to shroud the issue in darkness, but take our sufferings seriously soon."&nbsp;

(With inputs from agencies) 
&nbsp;

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A parliamentary report in Japan has revealed that two nine-year-old children were among the 25,000 people forced to undergo sterilisation, under the nation's post-World War Two eugenics law.

A parliamentary report in Japan has revealed that two nine-year-old children were among the 25,000 people forced to undergo sterilisation, under the nation's post-World War Two eugenics law. Report's findings A probe into the law, which was in effect from 1948 to 1996, found that two nine-year-old kids — a boy and a girl — were among those sterilised. The nine-year-olds as per Japan's public broadcaster NHK, were the youngest victims of the law. The boy was sterilised in the 1960s and the girl underwent the procedure in the 1970s. As per the parliamentary report, most patients were led to believe that they were undergoing treatment for an illness like anaemia or removal of the appendix. Around 65 per cent of the procedures carried out in almost five decades were without consent. Also read | Explained: Japan's historic move redefines rape and raises age of consent It also found that the law had even set sterilisation as a condition for marriage and/or admission at welfare facilities. The probe into the law also found reported cases of radiation exposure and uterus removal. The 1,400-page long study has been long awaited. Investigation into the law began in June 2020 under a law aimed at providing victims with some relief. The 2019 legislation also promised victims state compensation worth ¥3.2 million ($22,000). Victims have, however, sued the country for a higher compensation. Japan's eugenics law The contentious law was in place for 48 years. Under it, people were at times forced to undergo operations to prevent them from having children deemed "inferior". As per Japan Times, most of these people had intellectual disabilities, mental illness or hereditary disorders. The parliamentary report further states that as per a high school textbook from 1975, using the eugenics law, the government was making efforts for the "country's eugenics to improve and enhance the genetic predisposition of the entire public." Also read | Japan parliament passes watered-down LGBT understanding bill that allegedly gives way to bigotry Japan Times reports that the legislation which was initiated by lawmakers was adopted unanimously. Apart from eugenics, it was also aimed at curbing Japan's population increase amid food shortages after World War II. No longer 'shroud' issue in darkness Referring to findings in the Diet (Japan parliament) report, an 80-year-old victim of forced sterilisation said it showed the government "had been doing terrible things by deceiving children." The victim, who goes by the pseudonym Saburo Kita, was forced to undergo the procedure at the young age of 14 years. Kita said, "I would like the state not to shroud the issue in darkness, but take our sufferings seriously soon." (With inputs from agencies) WATCH WION LIVE HERE You can now write for wionews.com and be a part of the community. Share your stories and opinions with us here.

Two 9-year-olds among 25,000 victims of Japan's WW2-era forced sterilisation law

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Japan Supreme Court says forced sterilisation law was ‘unconstitutional’, allows people to claim compensation

Two 9-year-olds among 25,000 victims of Japan's WW2-era forced sterilisation law