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Japanese couples take legal action against government, Lawsuits emerge over controversial surname law

In a groundbreaking legal challenge, Japanese couples are taking a stand against their government, filing lawsuits over the centuries-old contentious surname law that has sparked debates on identity, tradition, and gender equality in the country.

Japanese couples take legal action against government, Lawsuits emerge over controversial surname law avv
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First Published Mar 8, 2024, 4:20 PM IST

Six Japanese couples have decided to sue the Japanese government over the controversial surname law coinciding with International Women's Day. Centuries-old custom is being questioned by many in Japanese society which allows only a single surname in a family, paving the way for complexities.

Under the surname law, post marriage, a husband can take up the wife’s surname or the wife can take up the husband's surname but both cannot continue with different surnames. The change according to the rule has to occur one among in the union of Marriage. The norm in Japan has mostly been girls changing their surname to their husbands.

Calls for shelling down the unequal law are growing as the Japanese government faces pressure. Five couples sued the Japanese government in a Tokyo district court while another couple did the same in Sapporo on Friday. The surname law has affected women in personal life as well as professional life.

Women go through unwarranted legal hassles due to the unequal law. The court had already given a ruling on the matter a few years ago signaling the continuation of the law. However, the tide could witness a change this time due to growing support from the majority of the stakeholders in society.

Makiko Terahara, the lawyer leading the case said, “More and more male managers are in favor of a system where married couples can have a choice.” If the Supreme Court rules to strike down the surname law, the order will move to the Parliament which will decide on the final call. Japan’s conservative ruling Liberal Democratic Party could come out as a key obstacle over the shelling of the law.

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