Centre Defends Triple Talaq Law in Supreme Court Affidavit, Highlights Legislative Authority

Central Government Asserts Criminalization of Instant Divorce Protects Muslim Women’s Rights In a recent affidavit submitted to the Supreme Court, the Central Government defended the constitutionality of the Muslim Women (Protection of Marriage) Act, 2019, which criminalizes the practice of triple talaq. This legal provision is currently under scrutiny, with its constitutional validity being challenged in the Supreme Court.

Legislative Authority vs. Judicial Role

The Centre’s affidavit emphasizes that it is the role of the legislature to determine the content and scope of laws, rather than the judiciary. The government argued, “The Supreme Court has consistently stated that defining what the law should be is the job of the legislature, not the court. The court’s role is to review and interpret laws, resolve implementation issues, and not to decide on the substantive content of the laws.”

Protection Against Outdated Practices

In its response, the Central Government asserted that the criminalization of triple talaq is crucial for protecting Muslim women from being subjected to instant divorce through outdated practices. The affidavit highlighted that this practice not only threatens the institution of marriage but also severely impacts the condition of Muslim women.

Constitutional Challenge

The petition challenging the law contends that, following the Shayara Bano case, triple talaq has been rendered legally ineffective, and thus, should not be criminalized. The Central Government’s affidavit counters this by emphasizing the need for legal provisions to prevent the misuse of triple talaq and to uphold justice for women affected by it.

As the Supreme Court reviews the constitutional validity of the Muslim Women (Protection of Marriage) Act, 2019, the debate continues on the balance between legislative authority and judicial review in shaping and enforcing laws.