Find ‘Equality’ in Japan’s Domestic Violence Act!

India’s PWDVA (Protection of Women from Domestic Violence Act, 2005) is well known for its steadfast refusal of acknowledging that violence inside a home can be against other members of family except wives/live-in women partners.  The name of the act itself says it all that it is only to grant relief to women, and the content of the act makes it clear it is only for women living in relationship of nature of wife with a man.

Here we see some relevant provisions of Japan’s DV Act.

Act on the Prevention of Spousal Violence and the Protection of
Victims (Act No. 31 of 2001)

In consideration of respect for individuals and equality under the law expressly stipulated in the Constitution, progress has been made in Japan through efforts toward the protection of human rights and the realization of genuine equality between women and men.

Nevertheless, even though spousal violence constitutes a serious violation of human rights, as well as being a crime, efforts to relieve victims have not always been adequate in all instances. In addition, the majority of victims of spousal violence are women. When women who find it difficult to achieve economic self-reliance are subject to violence from their spouses, it adversely affects the dignity of individuals and impedes the realization of genuine equality between women and men.

The name of the Act is gender-neutral and so are the clauses which specify the word spouse rather than woman/wife.  But given that the preamble of the DV Act of Japan mentions about need of achieving real equality between women and men (women always assumed to be behind in equality whether they live longer or higher number of college degrees notwithstanding), and further claim of majority of victims of spousal violence being women, it is clear that the main goals of the act are to give reliefs to women.

Some of the interesting part from men’s rights point of view is towards the latter part so the Act (emphasis added by us):

Chapter VI Penal Provisions
Article 29

Persons who have violated a Protection Order shall be punished by imprisonment with work for not more than one year or a fine of not more than one 1,000,000 yen.

Article 30
Persons who have filed a petition for a Protection Order with a Written Petition that contains a false entry with regard to matters to be entered pursuant to the provisions of Article 12, paragraph 1 (including cases where the provisions of Article 12, paragraph 1 are applied with the replacement of terms pursuant to the provisions of Article 18, paragraph 2) shall be punished by a non-penal fine of not more than
100,000 yen.

Why we are not amused by this equality drive:

Violation of protection order: 1 year imprisonment, 1m yen fine.

False complaint to get protection order: Non-penal fine of 100K yen.

Surely equality between women and men will be achieved by such measures!  For some souls who may protest that the Act is gender-neutral and such provisions can be misused by either gender; have no clue or no desire to take a look at actual statistics of complaints made under Domestic Violence in various countries, and the response of police, legal services, child support services, and judiciary in face of such complaints by men vs. same by women!


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