Introduction This case highlights the ethical dilemma of balancing regulatory oversight with the need to foster a vibrant civil society, echoing the tension between "Rule of Law vs. Social Norms" seen in recent debates on environmental clearances for developmental projects. This situation can be analyzed through the lens of deontological ethics, emphasizing the duty of government officials to act ethically, regardless of the consequences.

Stakeholder Identification Saraswati and her NGO colleagues, the rural community, government agencies and officials, other NGOs, and the broader Indian society.

Answers

1. Measures to ensure due control and facilitate genuine NGO efforts:

• Streamlining bureaucratic processes: Simplify and digitize the application and approval processes for NGOs, minimizing bureaucratic hurdles and promoting transparency. This upholds the "rule of law" by ensuring consistent application of regulations. This is similar to the e-governance initiatives implemented in some states for business registrations.
• Establishing clear guidelines and timelines: Publish comprehensive guidelines for NGO registration, operation, and reporting requirements. Set clear timelines for each stage of the process to prevent undue delays and promote accountability, embodying the "spirit of service." The Right to Information Act serves as a model for transparency and accountability.
• Introducing an online portal: Create a centralized online platform for NGOs to interact with government agencies, submit applications, track progress, and access relevant information. This promotes transparency and reduces opportunities for corruption, aligning with the "common good approach." The MCA21 portal for company filings is an example of such a system.
• Independent grievance redressal mechanism: Establish an independent body to address complaints from NGOs regarding bureaucratic delays, harassment, or demands for bribes. This ensures accountability and promotes the "spirit of service" among government officials. Lokpal and Lokayuktas are examples of such mechanisms.
• Regular audits and inspections: Conduct regular audits and inspections of NGOs to ensure compliance with regulations and prevent misuse of funds. This promotes transparency and maintains public trust, contributing to the "common good." The Comptroller and Auditor General of India (CAG) performs similar functions for government entities.
• Capacity building and training: Provide training to government officials on ethical conduct, efficient processing of applications, and effective communication with NGOs. This fosters a culture of "due diligence" and "spirit of service." Training programs for civil servants on ethical governance already exist and can be adapted for this purpose.
• Promoting public awareness: Raise public awareness about the role of NGOs and the importance of supporting their work. This can encourage greater public scrutiny of government actions and promote accountability, aligning with the "common good approach." Government campaigns on social issues like sanitation and education can serve as models.

Conclusion

This case underscores the importance of ethical governance and the need to balance regulatory oversight with the fostering of a vibrant civil society. The "corruption" and "dereliction of duty" witnessed by Saraswati highlight the "defeat of main purpose" of government regulation, which should be to facilitate, not hinder, social good. The Self Employed Women's Association (SEWA) is an example of an NGO that has successfully navigated the regulatory landscape and made significant contributions to social development. Moving forward, a collaborative approach involving government, NGOs, and civil society is crucial to ensure that regulations serve the "common good" and promote a culture of ethical public service, preventing the "social injustice" caused by bureaucratic hurdles and corruption. This includes fostering open dialogue, simplifying regulations, and promoting transparency and accountability in all interactions.