Responding to concerns raised by the Supreme Court regarding the unavailability of any divorce options for Muslim men in case triple talaq is abolished, the central government said that it will frame new Muslim marriage laws to replace the practice of triple talaq. The government said that this could be done only after the Supreme Court abolished the practice of triple talaq and marks it as invalid and unconstitutional. Attorney General Mukul Rohatgi told the court that there will not be any vacuum created after triple talaq is scrapped since the government will frame and introduce new Muslim marriage laws to replace it.
Rohatgi also argued that issues of marriage and divorce should be viewed distinctly from religion, as they are fundamental to human life. He said that triple talaq is an assault on gender equality and human rights. In addition to triple talaq, the government also requested the court to examine the validity of polygamy and nikah halala in the Muslim community. However, the bench said that due to paucity of time, they will only focus on triple talaq now. Other issues can be deliberated upon some other time, the bench said.