Today, On 25th July, The Delhi High Court declined to halt the streaming of the Netflix documentary “To Kill a Tiger.” The film chronicles the determined efforts of a family seeking justice for their 13-year-old daughter, who was a victim of gang rape.
New Delhi: The Delhi High Court, On Thursday, declined to issue an interim order to halt the streaming of the Netflix documentary “To Kill a Tiger,” which allegedly reveals the identity of a minor gang-rape victim.
A Division Bench, comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela, rejected the request for interim relief, noting that the documentary has been available since March 10.
The Court stated,
“Therefore, this court is of the opinion that no ad interim order is justified at this stage.”
The Court issued notices to the Central government, Netflix, and the documentary’s director Nisha Pahuja, instructing them to submit their responses within four weeks.
“To Kill a Tiger” portrays the struggle of a family from Jharkhand seeking justice for their 13-year-old daughter, who was a victim of gang-rape. The Court’s examination centered around a public interest litigation (PIL) filed by Tulir Charitable Trust. The organization contended that the documentary may have violated the Protection of Children from Sexual Offences Act (POCSO Act) by disclosing the identity of the minor victim.
The petitioners argued that the filming occurred while the victim was still a minor and involved extensive hours of filming. The petitioner’s counsel emphasized that the victim had to recount her traumatic experience multiple times and appeared in school uniform, which they claimed also breaches the POCSO Act.
Additionally, the petitioner’s counsel asserted that the documentary’s release date, March 10, strategically chosen to align with Oscar nominations, suggesting that it was designed to appeal to an international audience.
On the other hand, Netflix’s counsel argued that the documentary was initially released in Canada in 2022 and documents the journey of the victim’s family. Netflix maintained that consent from the victim’s family was obtained at the time of filming. They also stated that the legal restrictions on publishing such content apply only while the child is a minor.
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The streaming platform’s counsel stated,
“Upon reaching the age of majority, she has the right to discuss her experiences if she chooses. The legal provisions are clear that the restriction applies only while the individual is a minor. Interpreting this restriction differently would have serious implications and infringe upon Article 19(1) of the Constitution,”
Netflix’s counsel argued that the OTT platform received her parents’ consent during the filming process, and by the time the documentary was published, she was no longer a minor. The counsel also noted that the documentary released on March 10, 2024, and the trust has been aware of its existence since that time.