Can Judiciary make law on Marital Rape?

As per Constitution, it would be legal for the Supreme Court to make marital rape a crime for which Constitution has given the power under Article 138 or 142 of the Constitution. However we have to see the intent of the Constitution where it tends to separate the three functioning organs of the government under Article 50, that is, Constitution did not want Judiciary to interfere into the functions of the Legislature . Function of the Legislature is the policy making which cannot be done by judiciary. As legislature represents the morality of the society and it is his duty to make morality into law on this contemporary society issue. You also need to look at Article 14, 15, 19 and 21 of the Constitution which has been guaranteed the woman of her freedom and expression and right to life and to live with dignity. And equal treatment should have been given to the woman who has suffered rape during marriage with other rape victim as its menace are almost the same for women which instills t...