Abandoning remains without permission is a violation of the law and is punishable by law.
Article 4 of the Cemetery and Burial Act stipulates that burials and cremated remains must not be carried out in areas other than cemeteries. Therefore, remains must be interred in a permitted location. Private individuals are not permitted by law to create cemeteries in their own yards or other areas.
Throwing remains into the garbage or leaving them in a public place is considered a crime. Article 190 of the Penal Code states, "Any person who damages, abandons, or takes possession of a corpse, remains, hair, or items placed in a coffin shall be punished by imprisonment with work for not more than three years." Abandoning remains is prohibited, even if they are unwanted. Leaving remains in a coin locker at a train station or throwing them away with the trash is also prohibited.
However, crushing remains into a fine powder and scattering them is not illegal. Scattering remains in the sea or mountains is not prohibited by law, so scattering remains is not illegal. The national government has stated that "there are no provisions in the Cemetery and Burial Law prohibiting this." Furthermore, in June 1998, the Ministry of Justice, in a consultation meeting held by the former Ministry of Health and Welfare, stated that "if those who wish to do so do so with due discretion, they will not be subject to punishment."
Currently, there are no clearly defined laws regarding scattering ashes in Japan, nor are there any procedures for doing so. Preparing for scattering ashes requires grinding the bones into a fine powder of approximately 1 to 2 mm until they are no longer recognizable as cremated remains. This can be done by machine or by hand using a mortar and pestle.
Please note that burying even finely ground powdered ashes in the ground is considered a burial under the Cemetery and Burial Law, which could violate the law. As a general rule, scattering ashes by burial is prohibited. Activities that have a negative impact on the natural environment, such as scattering grave goods made from plastic or vinyl, are also prohibited.
The location for scattering ashes must be carefully selected. Scattering ashes is not permitted in public places such as parks or tourist destinations. Scattering ashes in lakes or swamps is also prohibited. Scattering ashes in the ocean or river may have an adverse effect on seafood. Near aquaculture farms or beaches, scattering ashes may result in negative publicity. Scattering ashes in the mountains requires permission from the landowner. Scattering ashes near a water source may result in negative publicity. On farmland, there have been cases of negative publicity about crops and conflict with neighbors who saw scattered ashes. To avoid such conflicts, careful consideration of people's feelings is essential. Scattering ashes is almost never permitted on land owned by the national or local government. Some municipalities have ordinances prohibiting ashes altogether, so please check in advance.
Powdered ashes can be kept at home or in jewelry or a container. There is no specific time for scattering ashes at sea or in the mountains, so ashes can be scattered at any time. Many remains are reported as lost property to police nationwide. It is said that 80% of these remains remain unclaimed. It is expected that the number of remains that become "unwanted" will continue to increase for various reasons, including changes in the social environment, economic reasons, and changing values regarding death and family.
Reference: Ministry of Health, Labour and Welfare Guidelines for Scattering Ashes
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