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Therefore, Japanese citizens share no consensus on religions or cults/sects. In North
America and Europe, cults or sects may be generally understood as groups that participate
in activities that deviate from the fundamentals of traditional Christianity. However, in
Japan, discussion itself about cult problems or problems generated by religious
organizations that affect consumers or the human rights of individuals is often
misinterpreted. Many people are under the mistaken impression that such discussions are
attacking not only cults but also established Buddhism or new religious groups whose
believers‘ number in the millions. At present, many of the religious groups that are
generating social problems were formed in the 1970‘s following a period of high economic
growth in Japan. To make only these newly formed groups a subject of the law is, of course,
irrational. This is one of the difficulties in dealing with cult problems in Japan.
Third, some new religious groups that were established after the end of World War II
currently have deep political connections in Japan. Thus, as previously mentioned, whenever
debate concerning religious cults is at issue in the Parliament, people are reminded of the
influence new religions have on large political parties. Accordingly, a discussion on how to
weigh the merits of cult-type religious organizations viewed as the parties causing injury or
damage against the merits of consumers or civilians whose human rights have been
violated, is difficult to have. Such a discussion will invariably become a discussion
concerning primarily the advantages, disadvantages, and intentions of the religious
organizations that back political parties in Japan. Hence, it is very difficult to hold a sincere
and open discussion in the Japanese Parliament concerning the protection of cult victims‘
human rights.
Fourth, Japanese people, on the whole, maintain a unique religious consciousness with
regard to worshipping their ancestors. A great number of people believe that if ancestors
are not respected, then the people living on earth will be filled with sorrow and that when a
person bearing the ill fate of his ancestors dies, future generations will be plagued with
sorrow and misfortune. Throughout Japan, there are many temples and shrines constructed
anywhere from several hundred to one thousand years ago with the purpose of appeasing
the spirits of people, such as aristocrats and army generals, who suffered unfortunate
deaths so that disaster will not befall the earth. In this way, the religious consciousness of
many Japanese people is very susceptible to the unlawful and unjust persuasion of cults
that urge people to ―pay respect to your ancestors by offering a large amount of money to
avoid ill fate and the curse of your ancestors.‖ A characteristic of Japanese cult
organizations is that they collect enormous amounts of such non-taxable money from
Japanese citizens.
Freedom of Religion
In the discussion of freedom of religion, four matters must be considered.
First, there is the freedom to believe or not to believe in a specific religion. This is a matter
of the heart and mind, which cannot be restricted. Even if a specific religion teaches that
only its believers should be saved and that all other non-believers should die, that religion
cannot be restricted unless it commits an action in line with that teaching, which is illegal.
Second, there is the freedom to carry out religious rites. Here as well, because only the
believers perform such rites, they are free to do so. However, religious rites that unjustly
upset the social order may be classified as crimes under the criminal code or unlawful acts
under the civil code of the society. Most likely, those religions that in the performance of
their rites use marijuana or make loud noise causing social disturbance would be restricted.
Third, there is the freedom to propagate religion and recruit new members. This freedom
often clashes with the human rights of those being recruited. Until recently, the freedom to
recruit new members for religion was regarded on an equal basis with the freedom to

Cultic Studies Journal, Vol. 18, 2001, Page 33
practice religious rites. However, current social discourse is questioning whether or not to
allow the use of mind control techniques in recruiting methods. Clearly, the freedom to
recruit for religion will become a major issue to be dealt with.
Fourth, there is freedom to act as a religious organization. The right of religious
organizations not to be discriminated against by the State for their organizational
characteristics has been widely debated in regard to this freedom. Under the Religious
Corporation Law, irrespective of its religious teachings, if a religious organization meets
certain requirements such as maintaining a set number of believers and having an
endowment, then it becomes certified as a religious corporation and as such gains the
privilege of income tax exemption. In post-War Japan, a crucial issue was whether to
recognize that specially designated shrines in Japan could receive special protection from
the government. Today, such protection is not recognized. The current concern questions
whether large religious organizations should be able to receive enormous amounts of non-
taxable cash income from top Japanese corporations, such as Toyota, and then expand their
organizations and activities. Another issue under debate is whether cult-like religious
organizations should enjoy the privilege of being exempt from paying taxes.
Two Model Cases
Two concrete case examples that demonstrate the disposition of Japanese court judgments
are introduced below.
Type 1: Medical Injury
As a result of performing incantations as (medical) treatment for a mentally ill patient, the
patient died. The court ruled that the religious persons involved were guilty of causing injury
that resulted in death. (Japanese Supreme Court judgment of 15 May 1963)
A leader of a religious organization, in trying to heal a mentally ill family member of a fellow
believer, performed a ceremony using incense to rid the body of evil spirits by holding down
the person, and the mentally ill person died of a heart attack. The leader of the religious
organization alleged that he was free to perform religious activities and that the act in
question was appropriate business conduct. The court issued a guilty verdict, stating that
the said act deviated from those acts considered to be within the scope of freedom of
religion.
It is widely believed that such religious ceremonies can heal illness. However, given today‘s
medical standards, any method for cure, including a religious one that leads to a fatality, is
not permissible. Still, problems quite similar to this keep reappearing even today.
A recent case of wide social concern involved a hospital that released a patient nearing
death to be supposedly saved by a religious group‘s leader, who claimed to have a special
healing power. Even after the patient had been dead for four months, the leader insisted
that the body would come back to life soon. Under this premise, the body was released and
mummified. (November 1999, Life Space case, currently under police investigation. Eight
members were arrested in February 2000, and the leader was charged with murder. The
prosecutor proposed fifteen years imprisonment with hard labor. The judgment will be
passed in February 2002. There have been a number of similar cases in which the crime of
corpse abandonment was cited.
Likewise, the problem of religious groups (such as Jehovah Witnesses) that reject blood
transfusions has perplexed many medical doctors and families in Japan. There was one case
in which the courts ruled that the father of a legally adult-aged child, who refused to have a
blood transfusion and thus die, could not ignore the will of his child and force the physicians
to give her a blood transfusion that would save her life. In a similar case, a doctor who
ignored the wish of his adult-aged patient not to have a blood transfusion and administered