In a decision that concerned two inheritance disputes, the Grand Bench of the Supreme Court on Sept. 4 in a unanimous 14-0 decision declared unconstitutional the Civil Code provision that denies full inheritance to heirs born out of wedlock. The decision rightfully recognizes that the provision, which entitles them to only half of what their legitimate siblings inherit, violates the equality under the law as guaranteed by Article 14 of the Constitution.
The inheritance disparity, based on the rigid family system under the Meiji Constitution, dates back to 1898. It is unfortunate that it took so long for the Supreme Court to declare it unconstitutional. The Diet should immediately revise the Civil Code accordingly.
The Civil Code was revised in 1947 in accordance with the current Constitution but the discriminatory clause on inheritance remained intact and in 1995, the Grand Bench of the Supreme Court declared it constitutional in a 10-5 decision. But even at that time, four of the 10 justices of the majority opinion said that the code needed to be revised.