Often there is a misconception around many of us as to what can be referred to as sexual harassment. In public space, many face sexual harassment without actually knowing that they are being a victim of it. Some might find it difficult to express in terms of what had happened to them or some might not even realize it. Especially, when a known person, friend or relative, is behaving in an undesired manner, we may not want to disclose about it to others. We just feel embarrassed or uncomfortable about the whole incident.

For these reasons, it is important to know about it in detail. Many conceive that sexual harassment must involve the direct act of sex and only when a person gets raped or groped inappropriately, we can consider it as a sexual harassment, which is not true. An act can be classified under sexual abuse and harassment, if it involves undesired sexual behavior, irrespective of whether the perpetrator makes a physical contact or not. Sexual harassment can be verbal, visual or physical.

See Also: Explain in detail about sexual abuse and harassment?

Irrespective of whether you are sexually harassed or not, whenever we feel uncomfortable or embarrassed about a specific incident, it is necessary to share it with someone. If you are sure that you have been sexually harassed, it is necessary to report it to the concerned authorities, to make sure the incident does not repeat either with you or other persons.

In the given scenario, it is clearly evident that the man in the next seat was masturbating in the public place. Rubbing the penis is referred to as masturbating. According to the Protection of Children from Sexual Offences (POCSO) Act or Section 354 of IPC, it is considered as an act of sexual harassment. Hence, if it is reported to the concerned authorities, the man can face jail term up to three years.

The POCSO act also states that it becomes a legal duty of the person in India to report about any sexual offence that came to their knowledge. If the person fails to do so, he or she may be punished with a six months imprisonment and/or fine.  Hence, even if the victim was not able to report the incident, the others in the public place are liable to report this incident.

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