This paper explains various mental disorders which are persistent in children and how the legislations have enacted Mental Health Care laws in order to protect them. Earlier legislations for mental health were mainly concerned with the custodial aspects of persons suffering from mental illness and protection of the society The laws formulated by Indian legislations are also concerned with the determination of competency, diminished responsibility and welfare of the society . United Nations Convention for Rights of Persons with Disabilities (UNCRPD) was adopted in 2006, which sets a perfect example in respect of disabilities (including disability due to mental illness) from a social welfare concern to a human right issue. The new level of standard is based on the presumption of equality, dignity and legal capacity. Human right activists can't press more than they already are for enactment of provisions for legal capacity for persons with mental illness in absolute terms, whereas the psychiatrists are in favor of retaining provisions for involuntary hospitalization in special circumstances.
