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Human dignity, rooted in the right to life, should not be diminished even jn the context of the death penalty. The debate in India, whether the human dignity is respected during state execution or its being broken is central.

In the case of Nirbhaya, it has been observed that death penalty in India is for “rarest of rare” cases. Nonetheless, this norm is often criticized as being ambiguous hence allowing unjust and unfair outcomes. Elements such as socioeconomic status, inadequate legal aid and systemic biases can come into play when giving death penalty thereby raising concerns on equity and justice.

Wrongful convictions are another major worry. An innocent person’s irrevocable execution can be caused by mistake in court process which violates their human dignity and right to life. Systemic biases as well as weaknesses in investigation procedures were exposed through Hathras case.

Human dignity forms the basis for article 21 of Indian Constitution which guarantees right to life and personal liberty. Though the constitution allows death sentence it stresses on fair, just and reasonable procedure.

In conclusion, while the death penalty remains legal in India, upholding human dignity requires careful and just legal processes, vigilant oversight, and ongoing public and judicial scrutiny.