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The central government has filed an affidavit in the Supreme Court related to the triple talaq criminalisation made in 2019. According to the affidavit, the government has made it clear that the triple talaq Act is ensuring the constitutional goals of gender equality and gender justice for married Muslim women. The central government has informed the Supreme Court that the act “ helps in ensuring the larger constitutional goals of gender justice and gender equality of married Muslim women and helps subserve their fundamental rights of non-discrimination and empowerment”.

In 2017, the constitution bench closed the talaq-e-bidat (triple Talaq) in the case Shayara Bano Vs Union Indian, claiming that triple talaq violates fundamental rights like the right to equality that is guaranteed for women as well of any religion under the constitution and suggested the triple talaq to be made punishable. Earlier the triple talaq victims had no option other than to approach police. Even the police were helpless because of the law and never were able to take action against husbands. In order to prevent this there were urgent changes in the legal provisions. The government has stated once the supreme court has criminalized the triple talaq same as the central government there is no need for arguments.

The affidavit against the government was filed by the Samastha Kerala Jamiyyathul Ulama, which described itself as an association of eminent Sunni scholars. The parliament to protect the rights of married Muslim women has criminalized the triple talaq bill and also for constitutional goals like gender equality and gender justice. Earlier the Supreme Court mentioned that the past cannot go into the wisdom of laws passed by the parliament and can enter into discussions.

In this, the government argued that it is a function of the legislature alone to determine what is good or proper for the people and their functions should be set with a limit, where else the progress is barred. According to NDTV, They said, “It is the function of the legislature alone to determine what is bad and what is not good and proper for the people of the land and they must be given widest latitude to exercise their functions within the limit of their powers else all progress is barred.Whether or not a particular type of conduct ought to be criminalised, and what punishment is to be imposed for such conduct is to be determined by the legislature in light of prevailing social circumstances...”