The Central Government has filed an affidavit in the Supreme Court in response to the petition filed regarding the Triple Talaq law. Through this affidavit, the central government said that the triple talaq law is providing justice to Muslim women. In fact, the Central Government has filed this affidavit in the Supreme Court challenging the constitutional validity of the criminalization of triple talaq under the Muslim Women (Right to Protection of Marriage) Act of 2019.
The Center said that to avoid this short-sighted tradition, there was a need for a legal provision that could prevent Muslim husbands from forcibly giving instant divorce. The practice of triple talaq is not only fatal for the social institution of marriage, but it also makes the condition of Muslim women very pathetic.
What did the central government say in the affidavit?
The Center said in the Supreme Court, ‘The Supreme Court has consistently said that it is the job of the legislature, not the court, to decide what the law should be. It is not the job of the court to decide what the law should be. It is she who decides what is good and what is not good for the people of the country. The main function of the ‘government’ is to define crime and determine its punishment. The court is there to review the law and resolve the problems arising in its implementation. It is not the job of the court to decide what the law should be.
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In the petition filed in the court, it has been urged that after the Shayra Bano case, triple talaq has not had any legal effect, hence triple talaq cannot be criminalized. The Central Government has filed an affidavit in the Supreme Court challenging the constitutional validity of criminalizing triple talaq for Muslim men under the Muslim Women (Right to Protection of Marriage) Act of 2019.