Delhi HC declines to halt Netflix documentary 'To Kill a Tiger' amid minor's identity disclosure

The Delhi High Court has declined to issue an interim order to stop the streaming of the Netflix documentary "To Kill a Tiger," which portrays the gang rape of a 13-year-old girl in Jharkhand. The documentary, released in Canada in 2022 and in India on March 10, has sparked a legal battle over the alleged disclosure of the minor's identity.

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A division bench, comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela, reviewed a Public Interest Litigation (PIL) filed by the NGO Tulir Charitable Trust. The NGO accused Netflix and the documentary's director, Nisha Pahuja, of violating the Protection of Children from Sexual Offences (POCSO) Act by not masking the victim's identity during filming.

The petitioner's counsel argued that the documentary was filmed over 3.5 years while the victim was still a minor, and that consent was obtained only after she reached adulthood. Additionally, they cited the POCSO Act, Juvenile Justice Act, and Bharatiya Nyaya Sanhita (BNS) as prohibiting the revelation of a minor victim's identity.

Conversely, the respondent's counsel asserted that the victim's parents had consented to the filming while she was a minor. They argued that the prohibition on identity disclosure only applies during the victim's minority, and once she reached adulthood, she had the right to share her story.

After hearing arguments from both sides, the court decided not to pass an ad-interim order at this stage, but issued a notice for further proceedings in the PIL.