NEW DELHI: The Delhi High Court rejected a plea to temporarily halt the streaming of the documentary “To Kill a Tiger” on Netflix.
The court’s decision comes amid allegations that the film discloses the identity of a minor gang-rape survivor, a violation under the Protection of Children from Sexual Offences (POCSO) Act.
A Division Bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela dismissed the plea for immediate relief, citing that the documentary has been available for viewing since March 10.
“The court finds no necessity for an interim order at this stage,” remarked the Bench.
The Hindi-language Canadian documentary film, directed by Nisha Pahuja, was nominated for Best Documentary Feature at the 96th Academy Awards.
Tulir Charitable Trust, filed the PIL, contending that the film’s portrayal of the survivor may infringe upon legal safeguards meant to protect minors under the POCSO Act.
The organisation argued that the documentary, which captures the struggle of a family from Jharkhand seeking justice for their 13-year-old daughter, includes scenes that reveal the survivor’s identity. It highlighted concerns about the circumstances under which the documentary was filmed, alleging that it involved prolonged filming sessions with the minor survivor, including scenes depicting her in school uniform.
Responding to the allegations, Netflix’s legal team clarified that the documentary was initially released in Canada in 2022 and depicts the survivor’s family’s journey towards seeking justice. They asserted that all necessary permissions and consents were obtained at the time of filming when the survivor was still a minor.
“The publication of such content is legally restricted only during the minority of the child,” argued Netflix’s counsel and cited the legality of the release under current provisions.
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