“The Law is silent on whether and how members of the Board of Directors and staff are protected from criminal and civil liability for official actions and decisions taken in their official capacity in good faith.

The SCA acknowledges that the INDDHH has proposed legislative amendments to its Law to include a provision for protection from criminal and civil liability, and it encourages the INDDHH to continue to advocate for passage of amendments in line with the General Observation 2.3 on Protection from criminal and civil liability for official actions and decisions undertaken in good faith.

The SCA is of the view that the independence of the NHRI and its members is promoted, and the potential for external interference is reduced, by including a clear provision in the enabling legislation of an NHRI to protect the members of the governing body from legal liability for actions undertaken in their official capacity.”