In response to the petition filed regarding the Triple Talaq law, the Central Government has filed an affidavit in the Supreme Court. Through this affidavit, the Central Government said that the Triple Talaq law is providing justice to Muslim women. Actually, the Central Government has filed this affidavit when the constitutional validity of criminalization of Triple Talaq under the Muslim Women (Right to Protection of Marriage) Act of 2019 was challenged in the Supreme Court.
The Centre said that to avoid this short-sighted practice, there was a need for a legal provision that would prevent Muslim husbands from forcefully 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 pitiable.
What did the central government say in the affidavit
The Centre told the Supreme Court, ‘The Supreme Court has consistently said that it is the job of the legislature and not the court to decide what the law should be like. It is not the court’s job to decide what is good and what is not good for the people of the country. Defining the crime and determining its punishment is the main job of the ‘government’. The court is there to review the law and resolve the problems in implementing it. It is not the court’s job to decide what the law should be like.’
The petition filed in the court has urged that triple talaq has no legal effect after the Shayara Bano case, so triple talaq cannot be criminalized. The Central Government has filed an affidavit on the challenge in the Supreme Court to the constitutional validity of criminalization of triple talaq for Muslim men under the Muslim Women (Protection of Marriage) Act, 2019.
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