Delhi HC Refuses To Halt Release Of Netflix Documentary ‘To Kill A Tiger’ For Revealing Survivor’s Name

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Synopsis

The documentary is based on the story of a farmer Ranjit who embarked on the most challenging battle of his life, seeking justice for his 13-year-old daughter, who endured a horrific gang rape in a village of Jharkhand. 

The Delhi High Court, on Thursday, refused to halt the release of a Netflix documentary ‘To Kill A Tiger’. The plea was filed by Tulir Charitable Trust claiming that the streaming platform and documentary’s director, Nisha Pahuja, had revealed the name of the survivor which was against the established law

The bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela chose not to issue an interim order in response to a Public Interest Litigation (PIL). 

Tulir Charitable Trust argued that at the time of filming, the victim was still a minor, and her consent was only obtained after she reached the age of majority. It was asserted that the documentary, filmed over 3.5 years in India, did not attempt to conceal the minor's identity, thus contravening the POCSO Act, Juvenile Justice Act, and the Bharatiya Nyaya Sanhita (BNS), all of which prohibit the disclosure of a minor victim's identity. It was also suggested that the consent obtained post-majority could be attributed to a form of ‘Stockholm syndrome’, implying the survivor felt compelled to comply with the filmmaker's requests.

Conversely, the Union noted that the minor’s parents provided consent during the documentary’s filming. It was further argued that the restrictions on publishing a minor’s identity apply only during their minority. Once the victim reached adulthood, she possessed the autonomy to decide whether to speak about her experiences.

Case Title: Tulir Charitable Trust v Union Of India & Ors.